HomeMy WebLinkAbout02-2979IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No.
Civil Action - (X) Law
( ) Equity
TERENCE G. SMITH, SR. and
PATRICIA SMITH, Parents and Natural
Guardians of TERENCE G. SMITH, JR.,
a Minor,
3922 Emilfidge Drive
Mechanicsburg, PA 17050
Plaintiffs
: GEORGE E. ROBBINS and
: BONITA L. ROBBINS
: 914 Shiremont Drive
: Mechanicsburg, PA 17050
: EUGENE WRONA
: 1021 North 10~ Street
: Whitehall, PA 18052
Defendants
PRAECIPE FOR WRIT OF SUMMONS
TO TNE PROTHONOTARY O'F CUMBERLAND COUNTY:
Please issue a Writ of Summons in the above-captioned action.
X Writ of Summons shall be issued and forwarded to
(X)Attomey ( ) Sheriff
John A. Statler, Esquire
Goldber8~ Katzman & Shipman, P.C.
320 Market Stree{
P. O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorney I.D. No. 43812
Signatmn~f A~ o~0'm ey~
Date: ~_~
WRIT OF SUMMONS
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED
AN ACTION AGAINST YOU.
Prothonotavj
Deputy
( ) Cheek hare if reverse is used for additional information
80948.1
John A. Staffer, Esquire
Attorney I. D. No. 431112
GOLDBERG, KATZMAN & SltlFMAN, P.C.
320 Market Street
P.O. Box 1268
Iaatrrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorney for Plaintiffs
TERENCE G. SMITH, SR. and
PATRICIA SMITH, Parents and Natural
Guardians of TERENCE G. SMITH, JR.,
a Minor,
Plaintiffs
V.
GEORGE E ROBBINS,
BONITA L. ROBBINS and
EUGENE WRONA,
Defendants
: IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-2979 CIVIL TERM
PETmON FOR COURT
APPROVAL OF MINOR'S SETTLEMENT
AND NOW, come the Plaimiffs, Terence G. Smith, Sr. and Patricia Smith, parents and
natural guardians of Terence G. Smith, Jr., a IVfmor, by their attorneys, Goldberg, Katzanan and
Shipman, P.C., who petition this Honorable Court to approve a proposed minor's settlement in
this case based on the following:
1. Terence G. Smith, Sr. and Patricia Smith are adult individuals and parents and
natural guardians of Terence G. Smith, Jr.
2. Terence G. Smith, Jr. is currently 17 years old. His date of birth is December 14,
1984.
3. On June 2, 2001, Terence G. Smith, Jr. was attacked and bitten in the face by a
German Shepherd dog owned by Defendants George E. Robbins _and Bonita L. Robbins. The dog
was being walked by Defendant Eugene Wrona at the time of the incident.
4. At the time of the incident, George E. Robbins and Bonita L. Robbins were
insured by Nationwide Insurance Company. Nationwide has offered $42,500.00 to settle this
case.
5. At the time of the incident, Eugene Wrona was insured by Donegal Insurance
Company. Donegal has offered $12,500.00 to settle this case.
6. Plaintiffs believe that the combined settlement offers of $55,000.00 is fair and
reasonable under the circumstances.
7. Terence G. Smith, Jr. received medical and surgical treatment from Richard A.
deRamon, M.D., a local plastic surgeon. A copy of Dr. deRamon's report of October 31, 2001 is
attached hereto as Exhibit "A."
8. Terence G. Smith, Jr. achieved an excellent result from his medical treatment and
is not expected to require any treatment in the future.
9. From the gross settlement proceeds of $55,000.00, Plaintiffs request this
Honorable Court to approve payment orS11,000.00 to Goldberg, Katzman andShipman, P.C. in
accordance with the Contingent Fee Agreement attached hereto as Exhibit "B."
10. Plaintiffs also request approval of reimbursement of costs advanced by Goldberg,
Katzman and Shipman, P.C. in the amount of $462.87. An itemization of these advanced costs is
attached hereto as Exhibit "C."
11. After payment of attorneys fees and costs the net settlement proceeds payable to
Terence G. Smith, Jr. amount to $43,537.13.
12. Plaintiffs request this Honorable Court to approve the purchase of a structured
settlement annuity for Terence G. Smith, Jr. through Hartford Life Insurance Company for
$40,000.00. This company is rated by A. M. Best as A+ (superior), Class Size XV. A copy of
the proposed structured settlement quote is attached hereto as Exhibit "D." That annuity will
guarantee the following payments to Terence G. Smith, Jr. on the following dates:
December 14, 2002
December 14, 2003
December 14, 2004
December 14, 2005
(Age 18) $10,548.00
(Age 19) $10,548.00
(Age 20) $10,548.00
(Age 21) $10,548.00
Total $42,192.00
13. The remaining $3,537.13 will be placed in a restricted bank account in the name of
Terence G. Smith, Jr. with an appropriate notation on the account that no_withdrawal may be
made of principal or interest until Terence G. Smith, Jr. reaches age 18 or unless by other order of
this Court.
WItEREFORE, Plaintiffs request this Honorable Court to approve this minors
settlement in accordance with the terms outlined in this Petition.
DATE:
80944.1
By:
Respectfully submitted,
GOLDBERG, KATZMAN & SI~IPMAN, P.C.
Attorney I. D. No. 43812
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Plaintiffs
4
VERIFICATION AND CONCURRENCE
WE, TERENCE G. SMITH, SR. and PATRICIA SMITH, hereby verify that we have
read the foregoing Petition for Court Approval of Minor's Settlement and concur in the terms
outlined in the Petition.
DATE:
TERENCE G. SMITH, SR.
DATE:
PATRICIA SMITH
m
PLASTIC SURGERY CENTER, LTD
The Center for Cosmetic Surgery
Grandview Corporate Place
205 Grandview Avenue
Camp Hill, Pennsylvania 17011
October 31, 2001
*JAMES A. YATES, M.D., F.A.C.S.
RICHARD A. DE RAMON, M.D.
John A. Statler
Goldberg, Katzman & Shipman, P.C.
320 Market Street
P.O.' Box 1268
Harrisburg, PA 17108-1268
RE: Terence G. Smith, Jr.
Dear Mr. Statler:
The following is a narrative medical summary regarding Mr. Smith. Mr.
Smith was attacked by a dog on June 2, 2001, where he suffered multiple
complex injuries to the upper and lower lip. He suffered a i cm. dorsal
nasal laceration and extensive upper and lower lip lacerations involving
both the red portion of the lips and the outer skin-bearing lip. His
obicularis oris was transected in both the upper and lower lips. The
laceration crossed the vermilion borders on both upper and lower lip and
extended superiorly up into the left nasal sill. He had a second upper
lip laceration which involved only the red portion of the lip. The lower
lip had also two lacerations; the second extending obliquely and partially
transecting the obicularis oris to about a third of its thickness.
This required a 7.5 cm. complex closure and a I cm. simple closure.
During this repair, the obicularis oris muscle had to be re-approximated;
and wound edges had to be primarily debrided to obtain optimal results and
minimize the need for future revision. Mr. Smith had a good result fro'm
his repair.
Plastic and
Reconstructive Surgery
Cosmetic Surgery
Maxillo-Facial Surgery
Hand Surgery
Certified by the
American Board of
Plastic Surgery
Phone (717) 763-7814
FAJ((717) 763-4918-
WEB PAGE: http://www, plasticsurgery, org/MD/JAY5PLAS.htm
Terence Smith Jr. Page 2
He was seen on June 8, 2001, at which time his sutures were removed. At
that time, the obicularis muscle function was weak in the left upper lip,
but present, and was predicted to improve with time. He was started on
scar massage at two weeks post-op. He was seen again on July 9th, at
which time he complained of tingling of the upper lip of an intermittent
nature. At that time, his lip muscle function appeared to be normal. He
was seen again on October 24, 2001; his complaint of numbness of the lip
had improved, but he did not have normal sensation in the left upper or
lower lip. Hi-s scars had faded nicely. There was no problems with
vermillion border step-off and has had an excellent outcome. He does
continue to have numbness. This is related to the sensory nerves which
were severed at the time of the incident. This is likely to be permanent.
His sensation may improve with time, and it may take six to twelve months
to fully appreciate the extent of, and/or permanence of, this numbness.
His scars will continue to mature. They also will take a year to a year
and a half to fully mature. The lumpiness he feels in his lips is related
to scar thickness. This should improve with time but may also be
permanent. At this time, I cannot tell how much improvement he will have
over the next year. He will continue on scar massage and will follow up
on a PRN basis.
If Terence is unhappy with the results of his lip repair, he understands
he needs to wait at least a year and a half from the time of injury to
consider scar revision because the scar maturation process is dynamic, and
he will likely continue to have improvement over the next year. It is my
impression that he will not Kequire scar revision and has had excellent
results from his primary repair.'
If I can be of any further assistance, please do not hesitate to call or
write.
Sincerely, /~
Richard de Ramon, M.D.
POWER OF ATTORNEY AND FEE ARRANGEMENT
THIS AGREEMENT, made this i~ttl day of ,3 t~t~¢ ,2001, by and between
TERENCE G. SMITH, SR. and PATRICIA SMITH, of Mechanicsburg, Pennsylvania,
individually and as parents and natural guardians of Terence G. Smith, Jr.~-.a min~r, hereinafter
referred to as "client," and GOLDBERG, KATZMAN & SHIPMAN, P.C., of Harrisburg,
Pennsylvania, hereinafter referred to as "attorneys," WITNESSETH:
Client hereby retains attorneys to represent, appear and act for client as attorneys for the
purpose of bringing such proceedings as may be necessary to prosecute the causes of action
involved in regard to a dog bite incident that occurred on or about June 2, 2001 on Willcliff
Drive, Mechanicsburg, Pennsylvania, involving Terence G. Smith, Jr., a Minor. Client empowers
attorneys to file such legal action as may be advisable in their judgment.
Client shall pay attorneys, as attorneys' fees for such representation, a sum equal to 20
percent of whatever may be recovered whether the claim is settled without suit; or to pay
attorneys a sum equal to 20 percent of whatever may be recovered from settlement after suit has
been commenced or arbitration demanded but before trial or arbitration; or to pay attorneys a sum
equal to 20 percent of whatever may be recovered following the initiation of trial or arbitration or
resulting fi'om a trial verdict or arbitration award before any preparation for appeal resulting from
a trial verdict or before retrial of such cause, or to pay said attorneys a sum equal to 20 percent of
whatever may be recovered at a time thereafter on appeal or retrial.
If settlement of this case is made by a structured settlement, attorney's fees will be figured
on the basis of respective percentage charged for legal fee of the present cash value of the
settlement as determined by actuarial experts. Further, the attorney's fees may be paid out of the
initial cash lump sum.
~/ ~ '~' ~lease initial here] Client further agrees that, in addition to the attorneys' fees, all costs
and expenses, including expert witness' fees, filing fees, depositions costs, etc., incurred in
investigation, preparing or litigating these claims be made from the gross proceeds of recovery, if
any. It is understood that the attorney's fees shall be calculated and paid from the gross proceeds
of recovery prior to calculation and payment of all costs and expenses. All disputes regarding
attorney's services or fees shall be submitted to arbitration in accordance with the Pennsylvania
Unifo,m Arbitration Act of 1980. Attorneys shall not receive any fee for their services in the
event there is no recovery of any sums by settlement or verdict, excepting the above-mentioned
costs and expenses which shall then be paid to attorneys by the client.
Client empowers attorneys with full power to make any inquiries, to negotiate, bring,
conduct, prosecute, sue or compromise and settle with client's approval, any action or suit, and to
exercise and endorse any papers, checks, or orders on client's behalf in connection therewith.
Attorneys shall be entitled to their full contingent share of any settlement offer, verdict or
judgment on the claim for which they are hereby retained, even though client discharges them or
obtains a substitute attorney before the claim is finally resolved or concluded. Client agrees that
she shall not settle or compromise the claim without the written consent of attorneys.
It is understood and agreed that if, at any time, in the sole judgment of Goldberg, Katzman
& Shipman, P.C. the Defendant shall become execution proof, or if there is no likelihood of
recovery on any verdict which can be obtained, Goldberg, Katzman & Shipman, P.C. shall have
the right to withdraw from the case without making any charge for services rendered up to that
time upon ten (10) days written notice by certified mail, to the undersigned. In the event of such
withdraw, client agrees to promptly pay to attorneys all costs and:expens-~s which have been paid
or advanced by said attorneys.
If the client shall elect not to continue to pursue the claims for which attorneys have been
retained and/or should the client fail to fully cooperate with the attorney's efforts in any and all
matters concerning such claims, or otherwise terminate the services of the attorneys, the attorneys
shall be entitled to immediately receive the greater of the following amounts:
A. A sum equal to the number of hours spent on behalf of client's interests in
such civil action times the hourly rate of $150.00 per hour, plus any and all costs
which were advanced or otherwise outstanding; or,
B. The contingent fee percentage which would be applicable to any offer of
settlement, compromise of claim, or judgment obtained, as per the above
contingent fee provisions.
IN WITNESS WHEREOF, attorneys and client have set their hands and seals the day
and year aforesaid.
GOLDBERG, KATZMAN & SHIPMAN, P.C.
DATE: ~ / Icl / t~ /
DATE:
64354.1
I
TERENCE G. SMITH, SR.
P~TR~CIA SMITI~- ' '
60LDBER6, KATZHAN & SHIPIIAN, P.C.
~20 HARKET STREET
P.O. BOX 1268
HARRISBURG, PA 1710B-126B
717-234-4161 Fed lO No: 25-2179953
June 19, 2002
Billed through 06/19/02
Bill nuaber 77113-00001-003 JAS
Terry Seith
$922 Eeilridge Drive
Hechanicsburg~ PR 17050
(Robbins~ EdNard & Bonnie)
D/L: 6-2-01
S/L: &-1-03
DISBURSEItENTS
06/14/0! Copy Expense
07/24/01 Hedica] Reports/Records
07/26/0! Copy Expense
08/03/01 Copy Expense
11/06/01 Hedical Reports/Records
01/15102 Hedical Reports/Records
06/19/02 Filin9 Fees
Total disburselents for this latter
S[LLINS SUHHARY
TOTAL OISSURSEHENTS
TOTAL CHAR6ES FOR THIS BILL
2.12
36.05
2.00
2.20
250.00
125.00
45.50
$ 462.87
$ 462.87
$ 462.87
billing tieekeeper John A. Statler
date of last bill
date of last reiinder
last bill through date
bill type code C-Ol
action to be taken
O=hold entire bill
l=a/r reNinder
2=bill exps, hold fees
current
50 days
60 days
90 days
120 days
hilling frequency ~-12
last payient
hilling realization
732-6660
matter 00001
721 061t4/01
807 07/24/01
721 07/26/0t
721 08/03/01
807 11/06/01
807 01/15102
804 06/19/02
721
807
3:SUllary fees and exp
4=bill fees and exp
5=sueeary fees/detail e
,00
.00
.00
.00
.00
O%
2.12
2.00
2.20
250.00
125.00
462.87
6.32
45.50
411.05
462.87
462.87
Financial Settlement Services
June 19, 2002
TO:
RE:
John Statler, Esq.
Terrance Smith, Jr. 5837 MP 206227 0{}/02/01 01
The following plans are effective until 06/26/2002.
These plans are from Hartford Life Insurance Company. This Company is rated by
A.M. Best as A+ (Superior), Class Size XV. This Hartford case would include a
Qualified Assignment to Hartford Comprehensive Employee Benefit Service Company
(Hartford - CEBSCO), which will be the owner of the policy.
Financial Settlement Services will request an Evidence of Guarantee from Hartford Life
Insurance Company, guaranteeing the obligations assigned to Harfford-CEBSCO. This
guarantee is issued with the policy and is not part of the Release and Qualified
Assignment. .
If you need fine tuning of these plans, or I can help in any way, plea;e call.
Thank You /
Today's Date:
Name:
Date of Birth:
June 19, 2002
Terrance Smith, Jr.
December 14, 1984
Plan #1
Annual Benefits:
$10,548 per year.
First payment is 12/14/2002 (age 18).
Last payment is 12/14/2005 (age 21).
This is 4 guaranteed annual
payments, and then payments stop.
TOTAL STRUCTURE AMOUNT:
Cash At Time Of Settlement:
TOTAL PLAN AMOUNT:
Guaranteed
Amount:
$42,192
Male 'FIT
Age: 17
Cost:
$40,000
$42 19.2 $40,000
$2,500 $2,500
$44,692 .... $42,500
'I
This proposal is effective through JUNE 26, 2002. This is the date that the funds for }
the structure must be at the annuity company or this proposal will expire.
This is an illustration, not a contract.
Financial Settlement Services
a di~h'i.~ of Natlor,~ld~ F'm~d~l I~rfitutlo. Diro'i~u~or~ A~e~cy, l~c,
a~d ~ affiliatez.
DATE:
As of May 2002
TO:
Financial Settlement Services (FSS) Clients
SUBJECT: Hartford Ratings
The following is a summary of the current ratings for Hartford Life Insurance Company.
Hartford is a highly rated company by the vadous rating organizations.
This Hartford case would include a Qualified Assignment to Hartford Comprehensive
Employee Benefit Service Company (Hartford - CEBSCO). Financial Settlement
Services will request an Evidence of Guarantee from Hartford Life Insurance Company,
guaranteeing the obligations assigned to Hartford - CEBSCO. This guarantee is issued
with the policy and is not part of the Release and Qualified Assignment.
Hartford Life Insurance Company ratings are as follows:
,Rating Organization
A.M. Best Rating & Size
Moody's
Standard & Poor's
Fitch
Hartford Life (provider and guarantor)
A+ (XV) .
Aa3
AA+
Should you need any additional information, please call FSS (800) 993-9931.
FINANC~,L ~a,j. ~ ~-tM~A'T ~ga1~cF, s
400 WEb"I'WO~I~ DlU'V~* WAURAU. WI $4401.1T. O5
PRONE (~00) gg3-9931 - PAX (~J0)*16~Ji67
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing document
upon all parties or counsel of record by depositing a copy of same in the United States Mail at
Harrisburg, Pennsylvania, with first-class postage prepaid on the ~ ~---~x day of
4~o~ ,2002, addressed to the following:
George E. and Bonita L. Robbins
914 Shiremont Drive
Mechanicsburg, PA 17050
Mr. Eugene Wrona
1021 North 10~ Street
Whitehall, PA 18052
By
Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN, P.C.
Attorney I. D. No. 43812
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Plaintiffs
TERENCE G. SMITH, SR. and
PATRICIA SMITH, Parents and Natural
Guardians of TERENCE G. SMITH, JR.,
a Minor,
Plaimiffs
GEORGE E ROBBINS,
BONITA L. ROBBINS and
EUGENE WRONA,
Defendants
: IN THE COURT OF COMMON PLEAS
· CLrMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
· NO. 02-2979 CIVIL TERM
ORDER
AND NOW, this ___~_~ day of_~ ,2002, upon
consideration of the Petition for Court Approval ofl~finor's Settlement in this case, it is hereby
ORDERED that the proposed Minors Settlement is APPROVED in accordance with the terms
outlined in the Petition.
0 t :q !44 ~- "i,ql~ ~:[)
~/.-!¥/rrr '; ' _ ,"'
TERENCE G. SMITH, SR. and
PATRICIA SMITH, Parents and Natural
Guardians of TERENCE G. SMITH, JR.,
a Minor,
Plaintiffs
GEORGE E ROBBINS,
BONITA L. ROBBINS and
EUGENE WRONA,
Defendants
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
· NO. 02-2979 CIVIL TERM
ORDER
AND NOW, this / ~ day of ~ ,2002, the Order
of July 2, 2002 is amended to permit Terence G. Smith, Jr. to use the $3,537.13 in settlement
proceeds as partial payment for his tuition, room and board and fees at Shippensburg University
for the Fall 2002 semester.
Revenue Accounting Office
Old Main Room 100
Shippensburg University
1871 Old Main Drive
Shippensburg, Pa. 17257-2299
(717) 477-1211
TERENCE SMITH
3922 EMILRIDGE DRIVE
MECHANICSBURG PA 17050
I IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII III!1 IIII IIII
*620186745*
*200260 U *
*04108.00*
Coat, fete Enclosed Correction
Form If This Address Is WronE
07/18/2002
FALL 2002
-COP. qECT INFOR~TION FOUND TO BE IN ERROR
-REI'INUI THIS STATE][IlTEV[II IF MOB/~_AJICE ISDDE
'-:-FEE'S-~'UB.1EC'r-TO~CHANGE' WITHOU1-NO/[c~
-REFER TO UNIVERSITY CATALOGS FOR WITHDRAWAL AND
REFUND PROCEDURES
-THE COfe4ONWEALTH OF PENNSYLVANIA PROVIDES
APPROXIMATELY $5,262 PER FULL-TIHE EQUIVALENT
RESIDENT STUDENT TO THE STATE SYSTEH OF HIGHER
EDUCATION IN SUPPORT OF YOUR EDUCATION
-ANY FINANCIAL AID SHOWN IS TENTATIVE
-STUDEN1S WHO HAVE APPLIED FOR STAFFORD LOANS
OR PLUS LOANS HAY TAKE CREDIT FOR 50 PERCENT
OF THE LOAN SUBJECT TO VERIFICATION
-Financial Aid Questions? CALL (717) 477-1131
-Other Billing Questions? CALL (717) 477-1211
ITEM DESCRIPTION
DUE DATE: 08/07/2002
CHARGES/CREDITS
BEGINNING BALANCE
IN STATE TUITION
EDUCATIONAL SERVICE FEE 218
HEALTH SERVICE FEE 72
STUDENT UNION FEE 102
ACTIVITY FEE
ROOM FEE
15 MEAL PLAN
COMMON DAMAGE FEE
RECREATIONAL FEE
SiCO: SICO Foundation Schola~
FOX: Shirley Fry Fox
Apply Advance Reg. Payment
)UE TO SMIPP~mSBURG UNIv~;~qSITF
PLEASE DETACH AND R~TUP~N
DEDUCTIONS (EXPLAIN
AMOUNT ENCLOSE[
TOP PORTION WITH REMITTANC~
0.00
2,189.00
.00
.00
.00
100.00
1,455.00
974.00
3.00
20.00
500.00CR
500.00CR
75.00CR
4,108.00
CHEDULES WILL BE AVAILABLE DURING ORIENTATION WHEN YOU ARRIVE IN AUGUST
320 MARKET STREET · STRAWBERRY SQUARE
P.O. Box 1268 · HARRISBURG, PENNSYLVANIA 17108-1268
717.234.4161 · 717.234.6808 (FAX)
www.gkslaw.com
jas~gkslaw.com (Direct e-mail)
GOLDBERG, KATZMAN ~ SHIPMAN, P.C.
ATTORNEYS AT LAW
August 12, 2002
OF COUNSEL
F. LEE SHIPMAN
COUNSEL
JOSHUA D. LOCK
ARNOLD B. KOGAN
ARTHUR L. GOLDBERG
(1951-2000)
HARRY B. GOLDBERG
(1961-1998)
RONALD M. KATZMAN
PAUL J. ESPOSlTO
NEIL HENDERSHOT
J. JAY COOPER
THOMAS E. BRENNER
JOHN A. STATLER
APRIL L. STRANG-KUTAY
GuY H. BROOKS
JEFFERSON J. SHIPMAN
JERRY J. Russ·
MICHAEL J. CROCENZI
THOMAS J. WEBER
STEVEN E. GRUBB
JOHN DELORENZO
JOHN R. N1NOSKY
ROYCE L. MORRIS
DAVID M. STECKEL
HEATHER L. FERNSLER
Honorable Edward E. Guido
Court of Common Pleas of Cumberland County
Cumberland County Courthouse
One Courthouse Square
Fourth Floor
Carlisle, PA 17013
Re: Terence G. Smith, a Minor
Civil Action No. 02-2979 Civil Term
Dear Judge Guido:
On July 2, 2002 Your Honor approved our Petition for Court Approval of
the Minor's Settlement in this case. As part of the settlement, the sum of
$3,537.13 was to be placed in a restricted bank account in the name of Terence G.
Smith, Jr. with an appropriate notation on the account that no withdrawal may be
made of principal or interest until Terence G. Smith, Jr. reaches age 18 or unless
by other order of this Court. We have received the settlement funds from the
Defendants' insurance companies but have not yet established the restricted
account.
Terence G. Smith, Jr. will be enrolled as a Freshman at Shippensburg
University this Fall. I enclose an invoice from Shippensburg University for
Terence's Fall tuition, room and board and costs in the amount of $4,108.00. We
are requesting that Your Honor permit Terence to use the $3,537.13 toward his
Fall tuition. Accordingly, I am enclosing a proposed Order for Your Honor's
consideration.
JAS/ch
Enclosure
Very truly yours,
cc: Mr. and Mrs. Terence G. Smith, Sr. (w/enclosure)
GAHI~-~E OFPICE: 717.245.0597 · YORK OFFICE: 717.843.7912