HomeMy WebLinkAbout98-01021
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SEP 1 7 1998J
KAITLIN E, SICA, a Minor, by IN THE COURT OF COMMON PLEAS
SAMUEL A. SICA and MADELINE E. CUMBERLAND COUNTY, PENNSYLVANIA
SICA, as Guardians and In their
own right,
Plaintiffs
v.
ALBERT C. TROUTMAN, tJd/b/a
TROUTMAN TREE FARM, and
NATHAN ZEIGLER,
Defendants
NO. 98.1021 CIVIL TERM
CIVIL ACTION - LAW
~tER OF COURT
AND NOW, this 2-! day of September, 1998, after consideration of the
Petition for Court Approval of Minor's Settlementl Allowance of Counsel Fees and
Expenses and Distribution Settlement Proceeds Pursuant to Pa,R.C,p, 2039, a hearing
is hereby scheduled at .3: uD LO ,m, o'clock, the tl. I ~lJClay of ~c-Ir) 80<" ,
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1998 in Courtroom number ~ at the Cumberland County Courthouse, Carlisle,
Pennsylvania,
BY THE COURT:
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KAITLIN E. SICA, a Minor, by IN THE COURT OF COMMON PLEAS
SAMUEL A. SICA and MADELINE E. CUMBERLAND COUNTY, PENNSYLVANIA
SICA, as Guardians and in their
own right,
Plaintiffs
v.
NO. 98-1021 CIVIL TERM
ALBERT C, TROUTMAN, tld/b/a
TROUTMAN TREE FARM, and
NATHAN ZEIGLER,
Defendants
CIVIL ACTION - LAW
PETITION FOR COURT APPROVAL OF
MINOR'S SETTLEMENT, ALLOWANCE OF COUNSEL
FEES AND EXPENSES AND DISTRIBUTION OF
SETTLEMENT PROCEEDS PURSUANT TO Pa.R.C.P. 2039
TO THE JUDGES OF THE HONORABLE COURT:
AND NOW, comes the Petitioners, Samuel A. Sica and Madeline E, Sica, as
parents and natural guardians of Kaitlin E. Sica, a minor, and respectfully represents as
follows:
1, The Petitioners, Samuel A. Sica and Madeline E, Sica, who reside at 1709
Wyndham Road, Camp Hill, Cumberland County, Pennsylvania, are the parents and
natural guardians of Kaitlin E. Sica, who was born on September 14, 1989, and is
presently 8 years of age,
2, On December 8, 1996, the minor, Kaitlin E, Sica, was involved in an
accident on the premises owned by Defendant Albert C, Troutman and known as
Troutman Tree Farm, located at 19 Foxhanna Drive, Carlisle, Cumberland County,
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Pennsylvania, wherein she was struck by an ATV driven by an employee of Defendant
Troutman, Nathan Zeigler, resulting in injuries, the most serious of which were a non-
displaced I Salter II fracture of the right distal femur, bruising along the right thigh area
and abrasions to her left lateral abdominal area,
3, Attached hereto and marked as Exhibit A is the Complaint which sets forth
In detail facts involved in the claim,
4, Counsel was retained by the Petitioners to represent the minor Plaintiff and
themselves on a contingency fee basis and a copy of the Fee Agreement is attached
hereto and marked as Exhibit B.
5, Defendants have offered to settle all Plaintiffs' claims with the payment of
the sum of $17,000,00 plus the subrogation claims of Pennsylvania Blue Shield and
Capital Blue Cross in the combined amount of $728,18 and Plaintiffs' costs of litigation
in the amount of $272.47,
6, Plaintiffs have agreed to allocate $15,000,00 of the settlement amount to
the claim of the minor Plaintiff, Kaitlin E. Sica, Plaintiffs will allocate $2,000,00 to
Plaintiffs, Samuel A. Sica and Madeline E. Sica, for wage loss and their negligent
infliction of emotional distress claim,
7, Counsel prepared a Settlement Distribution Statement, which has been
approved by the Petitioners, which reflects deductions for attorney's fees calculated on
a reduced basis at 25% of the settlement amount. A copy of the Settlement Distribution
Statement is attached hereto and marked Exhibit C.
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8. Petitioners and counsel seek approval of the settlement on behalf of the
minor in the amount of $15,000,00.
9, The Petitioners approve of the attorney's fees and the payment of the
medical subrogation liens and costs, and the net distribution on behalf of the minor
Plaintiff,
10, Petitioners believe that this settlement is in the best interest of the minor
Plaintiff,
WHEREFORE, Petitioners request that an Order be entered approving the
settlement on behalf of Kaitlin E. Sica, authorizing the execution of the appropriate
releases, allowing the deduction of counsel fees set forth in the attached Order and
ordering distribution of the net proceeds to Samuel A. Sica and Madaliene E, Sica, as
parents and natural guardians of Kaitlin E, Sica, the balance of $11,250.00 to be held
in accordance with the attached Order of Court,
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NOTICIA
Lc han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguienles, usted tiene viente (20) dias de plazo al partir de la fecha de
la demanda y la 110tificacion. Usted debc presentar una apariencia escrita 0 en persona 0 pOl'
obogado y archival' en la corte en forma escrita sus defensas 0 sus objecioncs alas demand as
en contra de su persona. Sea avisado que si usted no se defiende, la corte (omara medidas y
puede entrara una orden contra usted sin previo aviso 0 notificacion y pOl' cualquiere queja 0
alivio que es pedido en la pcticion de demanda. Usted puede perder dinero 0 sus propiedadcs
o ostros derechos import antes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO
TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR
TAL SERVICIO. VAYA EN PERSONA 0 LLAME POR TELEFONO A LA
OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA
A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL,
Court Administrator, Fourth Floor
Cumberland County Courthouse
1 Courthouse Square
Carlisle, Pennsylvania 17013-3387
Telephone: (717) 240-6200
Respectfully Submitted,
Date: t..-d~-9CO
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3. Albert C. Troutman, is an adult individual trading and doing business as Troutman
Tree Farm, whose last known business address is 19 Foxhanna Drive, Carlisle, Cumberland
County, Pennsylvania.
4, Defendant, Nathan Zeigler, is an adult individual whose last known address is 941
Shermans View Road, Shermans Dale, Perry County, Pennsylvania 17090,
5, At all times relevant hereto, Defendant, Troutman, was the owner and possessor
of the real estate upon which he operated a business of selling Christmas trees (hereinafter
referred to as the "Property").
6, At all times relevant hereto, Plaintiffs believe, and therefore aver, that Defendant,
Zeigler, was the agent, servant and employee of Defendant, Troutman,
7. The events giving rise to Plaintiffs' causes-of-action occurred at approximately
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1 :45 P.M" Sunday, December 8, 1996, on the Troutman Tree Farm, Foxhanna Drive, Carlislc,
Cumberland County, Pennsylvania,
8, At the aforemcntioned timc ami place, Plaintiffs and their minor child, Kaitlin,
were business invitees of Defendant, Troutman, and were on the ProperlY for purposes of
purchasing Christmas trees,
9, At all times relevant hereto, the general layout of Troutman Tree Farm was
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configured so that there were rows of trees which alternated with and were separated by
pathways or cartways,
10, At the aforementioned time ami place, Defendant, Zeigler, was operating
machinery or equipment commonly known as an All Terrain Vehicle (ATV), and pulling a can
(g)
Alternatively, failing to ellsure that any governor on
the ATV engine had not been disconnected, by-
passed or ceased io function due to lack of
maintenance, repair or replacement.
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COUNT I
KAITLIN E. SICA, a Minor, bv her Parents nnd Natul"lll Gnardians
SAMUEL A. SICA and MADELINE E. SICA v. ALBERT TROUTMAN t/d/b/a
TROUTMAN TREE FARM and NATHAN ZEIGLER. Defendants
17.
Plaintiff, Kaitlin E. Sica, incorporates by reference thereto the allegations
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contained in Paragraphs 1 through 17 above, as though the same were fully set forth herein.
18, As a direct and proximate result of the acts and omissions of the Defendants, as
set forth above, Plaintiff, Kaitlin Sica, was violently struck, driven to the ground, dragged and
sustained serious and painful injuries, as follows:
(a) a nondisplaced Saller II fracture of the right distal femur;
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(b) ecchymosis along the right thigh area;
(c) abrasions to her left lateral abdominal area; and,
(d) pain, agony, embamlssment, humiliation and inconvenience,
19, As a direct and proximate result of the carelessness and negligence of the
Defendants, the minor Plaintiff, Kaitlin E, Sica. required medical treatment and care and may
require future medical care and treatment.
WHEREFORE, Plaintiffs pray Yom Honorable Court enter judgment in their lilVor
against Defendants in all amount in excess of Thiny-Fivc Thousand Dollars ($35.000,00), plus
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COUNT III
SAMUEL A, SICA v. ALBERT C. TROUTMAN tllI/b/a
TROUTMAN TREE FARM AND NATHAN ZEIGLER
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
23. Plaintiff incorporates by reference thereto the averments of Paragraphs 1 through
23 above as though the same were fully set forth at length herein.
24. Plaintiff, Kaitlin E, Sica, is the minor child of Plaintiff, Samuel A. Sica and was
six (6) years old on December 8, 1996,
25, At approximately 1:45 P.M., Sunday, December 8, 1996, Plaintiff and his minor
child Kaitlin were business invitees of Defendant, Troutman, and were on his property
commonly known as Troutman Tree Farm for purposes of purchasing Christmas trees.
26, At approximately that time, Defendant, Zeigler, an agent and employee of
Defendant, Troutman, drove an ATV towing a cart or trailer which he was operating within the
scope of his employment, in such a negligent and reckless manner as to cause the A TV and/or
cart or trailer to impact upon Plaintiffs' child, knocking her over and dragging her for
approximately twenty (20) to thirty (30) feet under its tires, causing serious bodily injury,
27, Defendants' negligence consisted of the acts or omissions as set forth herein
before,
28, Plaintiff immediately witnessed the dragging and resultant injuries suffered by his
minor child, Kaitlin,
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29. As a dircct and proximatc rcsult of thc ncgligcncc of Dcfcndants as statcd abovc,
togcthcr with his pcrsonal and contcmporancous obscrvation of the incident, Plaintiff suffcrcd
substantiaJmcntal pain and suffering lInd severc cmotional distress and injury,
30. As a dircct and proximatc rcsult of thc ncgligcncc of Dcfcndants, as statcd above,
together with his personlll and contcmporancous observations of thc incident, Plaintiff, Samuel
A. Sica, suffered slccplessness, depression and anxiety.
31. As 1I rcsult of the ncgligcnce of Dcfcndants, Plaintiff, Samuel A. Sica, has
suffered loss of wages in the amount of approximatcly Six Hundred ($600,00) Dollars in order
to provide ncccssary cllrc and attcntion to daughtcr as wcll as further inconvenicncc and
imposition upon his timc.
WHEREFORE, Plaintiff dcmands judgmcntllgllinst Dcfcndants in an amount in exccss
of Thirty-Five Thousllnd ($35,000,00) Dollars cllch, which amount is in cxcess of thc
jurisdictional amount rcquiring compulsory submission to arbitration,
COUNT III
MADELINE E, SICA v. ALBERT C. TROUTMAN tldlbla
TROUTMAN TREE FARM AND NATHAN ZEIGLER
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
32, Plaintiff incorporatcs by rcfcrcncc thereto the averments of Paragraphs 1 through
32 abovc as though thc same wcre fully set forth at length hcrcin,
33, Plaintiff, Kaillin E, Sica. is the minor child of Plaintiff, Madclin~ E, Sica lInd was
six (6) years old on December 8. 1996,
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34, Atapproxim:ltely 1 :45 P. M" Sunday, December 8, 1996, Plaintiff and her minor
child Kaitlin were business invitees of Defendant, Troutman, and were on his property
commonly known as Troutman Tree Farm for purposes of purchasing Christmas trees.
35, At approximately that time, Defendant, Zeigler, an agent and employee of
Defendant, Troutman, drove an ATV towing a cart or trailer which he was operating within the
scope of his employment, in such a negligent and reckless manner as to cause the A TV andlor
cart or trailer to impact upon Plaintiffs' child, knocking her over and dragging her for
approximately twenty (20) to thirty (30) feet under its tires, causing serious bOdily injury.
36, Defendants' negligence consisted of the acts or omissions as set forth herein
before,
37, Plaintiff immediately witnessed the dragging and resullant injuries suffered by her
minor child, Kaitlin,
38, As a direct and proximate result of the negligence of Defendants as Slaled above,
together with her personal and contemporaneous observation of the incidenl, Plaintiff suffered
substantial mental pain and sUffering and severe emotional distress and injury,
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39. As a result of the negligence of Defendants, Plaintiff, Madeline E. Sica, has
suffered loss of wages in the amount of approximately Six Hundred Thirty ($630.00) Dollars
in order to provide necessary care and attention to their daughter as well as further
inconvenience and imposition upon her time,
WHEREFORE, Plaintiff demands judgment against Defendants in an amount in excess
of Thirty-Five Thousand ($35,000.00) Dollars each, which amount is in excess of the
jurisdictional amount requiring compulsory submission to arbitration,
Respectfully Submitted,
By: 7 -,.;7.7-'7'(
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VERIF/CATIO"!
We, SAMUEL A, SICA and MADELINE SICA, Individually and Jointly and as
Guardian of Kaitl/n E, Sica, a minor, verify that the statements made In this Pleading
are true and correct. We understand that false statements herein are made subJect
to the penalties of 18 Pa.C.s, Section 4904, relating to unsworn falsification to
authorities.
Date: II., '/- C)?
By:
By: 'i'i7{I,it?:~-u t:tt:C,C(
MADELINE SICA
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exhibit B
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CONTINGENCY FEE AGREEMENT
UY TillS AGREEMENT, we, Samuel A, Sica, Jr., and Madelicne E, Sica, as the
natural parents and guardians of the minor child Kaitlin E, Sica, appoint John F, Lyons, Esquire
and the firm of Connelly, Reid & Spade, for ourselves and for and on behalf of our minor child,
as our attorneys to prosecute our claim for damages for personal injuries sustained by ourselves
and/or our daughter, Kaitlin, on December 8. 1996, at the Troutman Tree Farm, Foxhanna
Road, Mcchanicsburg, Cumberland County, Pennsylvania,
We agree to the following arrangement for payment of cost, expenses and attorneys fees
in connection with this claim:
1. Client Responsible for Costs Incurred by Attorneys.
We agree to pay, as billed, all Court costs and out-of-pocket expenses, including experts'
fees, which our attorneys incur directly or on our behalf in connection with the claim ("Costs").
2. Recovery.
Recovery means all sums of money received on our behalf as a result of our claim by
way of settlement, award or verdict,
3. No Fees if No Recovery.
If there is no recovery as a result of our claim, we will not owe nor have to pay our
attorneys a fee for their professional services in connection with our claim. We will stilI be
responsible for and have to pay all costs mentioned above.
4. Costs Paid From Recovery.
If a recovery is obtained, the money wiII first go to pay costs which are still owed.
Next, the money wiII be used to reimburse our attorneys or ourselves, depending on who paid,
for costs paid or in the order of payment.
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SAMUEL A, SICA and MADELINE E. SICA,
as Parents and Guardians of
Kaltlin E, Sica, a minor
v.
ALBERT TROUTMAN, tla Troutman Tree Farm
and Nathan Ziegler
Accident Date: December 7, 1996
SETTLEMENT DISTRIBUTION STATEMENT
Gross Settlement Proceeds
$15,000.00
Less Attorney's Fees:
Payable to John F. Lyons, Esquire
(25 % of Gross Settlement Proceeds)
$3,750.00
NET SETTLEMENT PROCEEDS
$11,250.00
We, Samuel A. Sica and Madeline E, Sica, as parents and guardians of Kaitlin E. Sica,
a minor, hereby acknowledge the acceptance of the sum of $11,250,00 as full and complete
settlement of any claims that we presently have arising out of the accident involving our minor
daughter, Kaitlin E. Sica against Albert Troutman, Troutman Tree Farm and Nathan Ziegler,
We further acknowledge that we have received the above schedule and are in agreement with
the deductions and the distribution, Our attorney has explained the possibility of receiving a
higher or lesser amount if we were to proceed to trial on this matter. We hereby acknowledge
that this settlement is being entered into voluntarily and willingly without any mental reservation, .
We further acknowledge receipt of a signed copy of Settlement Distribution Statement.
Witness
Dated:
q .' / 5. qg
Samuel A, Sica
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VERIFICATION
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We, SAMUEL A, SICA and MADELINE SICA, individually and jointly and as
Guardian of Kaitlin E. Sica, a minor, verify that the statements made in this Pleading
are true and correct. We understand that false statements herein are made subject
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to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to
authorities.
Date:
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By:
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SAMUEL SICA
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By:~cM;'u $'G~
M DELINE SICA
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3. Alhert C. Tl'llutmau, Is IIU adult Individual t I'lId lug ami doiug husiness as Troutman
Tree Farm, whose last known husiness IIddress is 19 Foxhanna Drive, Carlisle, Cumberland
County, Pennsylvania.
4. Defendant, Nathan Zeigler, is an adult individual whose last known address is 941
Shermans View Road, Shermans Dale, Perry County, Pennsylvania 17090,
5, At all times relevant hereto, Defendant. Troutman, was the owner and possessor
of the real estUle upon which he operated a business of selling Christmas trees (hereinafter
referred to as the .. Property"),
6, At all times relevant hereto, Plaintiffs believe, and therefore aver. that Defendant.
Zeigler. was the agent. servant and employee of Defendant. Troutman.
7. The evel1ls giving rise to Plaintiffs' causes-of-action occurred at approximately
1 :45 P.M.. Sunday, December 8, 1996, on the Troutman Tree Farm, Foxhanna Drive, Carlisle,
Cumberland County. Pennsylvania.
8. At the aforementioned time and place, Plaintiffs and their minor child, Kaitlin,
were business invitees of Defendant, Troutman, and were on the Property for purposes of
purchasing Christmas trees,
9, At all times relevant hereto, the general layout of Troutman Tree Farm was
contigured so that there were rows of trees which alternated with and were separated by
pathways or cartways,
10, At the aforementioned time and place, Defendant. Zeigler. was operating
machinery or equipment commonly known as an All Terrain Vehicle (ATV), and pulling a cart
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interest and costs of suit, which amount is in excess of the jurisdictional limit requiring
compulsory arhitration,
COUNT II
SAMUEL A. SICA lInd MADELINE E. SICA. in thcir own ril!ht v.
ALUERT C. TROUTMAN tldlhlll TROUTMAN'S TREE FARM
lInd NATHAN ZEIGLER. Dcfcndllnts
20. Plaintiffs incorporate the allegations contained in Paragraphs 1 through 20 above,
as though same were fully set forth at length herein.
21. As the direct and proximate result of the carelessness and negligence of
Defendants as described above, Plaintiffs, Samuel A. Sica and Madeline E. Sica. have been and
will be obligated for the costs of hospitalization, medical treatment and other expenses of
treatment and care for the injuries suffered by the minor Plaintiff, Kaitlin E. Sica in the amount
of approximately One Thousand One Hundred Twenty-Two 70/100 ($1,122.70) Dollars.
22. As the direct and proximate result of the carelessness and negligence of
Defendants as described above, Plaintiffs. Samuel A, Sica and Madeline E, Sica, suffered loss
of wages and earnings in the total amount of approximately One Thousand Two Hundred Thirty
($1,230,00) Dollars in order to attend to the injured minor Plaintiff and her treatment needs,
WHEREFORE, Plaintiffs demnnd judgment ngninst Defendnnts, Alfred C. Troutman
nnd Nntlmn Zeigler, jointly nnd severnlly in the amount of Two Thousand Three Hundred Fifty-
Two 70/100 ($2.352,70) Dollnrs together with interest and costs,
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29. As a dircct nnd proximatc rcsult of thc ncgligcncc of Dcfcndants as statcd abovc,
togcthcr with his pcrsonaland contcmpllrllnCOUS obscrvation uf thc incidcnt, Plaintiff suffered
substantial mental pninand suffering and severe emutional distress and injury.
30. As a direct and proximate result uf the negligence uf Defendants, as stated above,
together with his personal and cuntemporllneuus observations uf the incident, Plaintiff, Samuel
A. Sica, suffercd slceplessness, dcpression and 1ll1xiety.
31. As a rcsult of the negligence of Defendants, Plaintiff, Sallluel A. Sica, has
suffered loss of wages in the amount of approximately Six Hundred ($600,00) Dollars in order
to provide necessary care and attention to daughter as well as further inconvenience and
imposition upon his time.
WHEREFORE, Plaintiff delllands judgment against Defendants in an amount in excess
of Thirty-Five Thousand ($35,000.00) Dollars each, which amount is in excess of the
jurisdictional amount requiring compulsory submission to arbitration,
COUNT III
MADELINE E. SICA v. ALBERT C. TROUTMAN tldlbla
TROUTMAN TREE FARM AND NATHAN ZEIGLER
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
32. Plaintiff incorporates by reference thereto the averments of Paragraphs 1 through
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32 above as though the same were fully set forth at length herein,
33, Plaintiff, Kaitlin E. Sica. is the minor child of Plaintiff, Madeline E. Sica and was
six (6) years old on December 8, 1996.
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YERIFICATION
We, SAMUEL A. SICA and MADELINE SICA, Individually and Jointly and as
Guardian of Kaltlln E. Sica, a minor, verify that the statements made In this Pleading
are true and correct. We understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to
authorities.
Date: J 1- 'f- C)?-
By:
By: Y:J:ddt~v tJJCd
DELINE SICA
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98.()lS
LAW,OFFlCES OF RUDINATE, JACOBS & SABA
214 Senate Avenue, Suite 503
Camp HII/, PA 17011
Telephone Number: (717) 731-0988
Attorneys for Defendants
KAlTLIN E. SICA, A MINOR, BY
SAMuEL A. SICA, AND MADELINE E.
SICA, AS GUARDIANS AND IN THEIR
OWN RIGHT, PLAINTIFFS
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSl'LV ANIA
VS.
No. 98-1021 CIVIL TERM
ALBERT C. TROUTMAN, TIDIBIA
TROUTMAN TREE FARM, AND
NATHAN ZEIGLER, DEFENDANTS
CIVIL AcnON - LAW
JURY TRIAL DEMANDED
PETITION FOR APPO.lNTMENT OF ARBITRATORS
TO TIm HONORABLE, TIm JUDGES OF TIm SAID COURT:
Donald R. Dorer, E.~ouire
action, respectfully represents that:
, COunsel for the Defendants in the above
1. The above-captioned action is at issue,
2, The claim of the Plaintiffs in the action is $ unliouidatr.d nersonal iniuIY
damal!es.
The counterclaim of the Defendant in this action is $
The following attorneys are interested in the case as counselor are otherwise disqualified to
.'" ""'.."',,, ;~'..J.. .' ~....' """'re, Att_y f", """"",,, ,"" 10h, F, Lyoo.,
Attorney for Plaintiffs .
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators
to whom the case shall be submitted.
Respectfully submitted,
LAW 0
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, JACOBS & SABA
By: :
ORDER OF COURT
AND NOW,
attached petition,
Esquire, and
captioned action as prayed for.
r in consideration of the
tf'.'d(/. () ttL.t,u. r-
uire, are appointed arbitrators in the above-
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By the Court,
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. 98.()IS
LAW OFFICES OF RUBINATE, JACOBS & SABA
214 Senate Avenue, Suite 503
Camp 1111I, PA 17011
Telephone Number: (717) 731-0988
Attorneys for Defendants
KAITLIN E. SICA, A MINOR, BY
SAMUEL A. SICA, AND MADELINE E.
SICA, AS GUARDIANS AND IN TlffilR
OWN RIGHT, PLAINTIFFS
IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 98-1021 CIVIL TERM
VS.
ALBERT C. TROUTMAN, TIDIBIA
TROUTMAN TREE FARM, AND
NATHAN ZEIGLER, DEFENDANTS
CIVIL AcnON - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant
herein, and that he caused a true and correct copy of the attached Petition for Appointment
of AIbitrators to be served by regular first class mail upon:
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John F. Lyons, Rsquire
Law Offices of John F, Lyons
108-112 Walnut Street
Harrisburg, PA 17101
Date: May 12. 1998
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nald R, Dorer, Esquire
Attorney for Defendants
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LAW OFFICES OI~ RUBINATE, .JACOBS & SAnA
214 Senate Avenue, Suite 503
Camp 1111I, PA 17011
Telephone Number: (717) 731-0988
Attorneys for Defendants
KAITLIN E. SICA, A MINOR, BY
SAMUEL A. SICA, AND MADELINE E.
SICA, AS GUARDIANS AND IN THEIR
OWN RIGHT, PLAINTIFFS
IN TilE COURT 0.. COMMON PLEAS
CUMBERLAND COUNTY, I)ENNSVLVANIA
No. 98-1021 CIVIL TERM
VS.
ALBERT C. TROUTMAN, T/D/n/A
TROUTMAN TREE FARM, AND
NATHAN ZEIGLER, DEFENDANTS
CIVIL ACTION - LAW
JURV TRIAL DEMANDED
ANSWER OF DEFENDANTS TO PLAINTIFFS' COMPLAINT
I. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted.
10. Admitted. (
II. Admitted. I
12. Admitted.
\......
98-QIS
LAW OFFICES OF RUBINATE, .'Acons & SAnA
214 Senate Avenue, Suite 503
Camp 11I11, PA 17011
Telephone Number: (717) 731-0988
Attorneys for Defendants
KAITLlN E. SICA, A MINOR, BY
SAMUEl. A. SICA, AND MADELINE E.
SICA, AS GUARDIANS AND IN THEIR
OWN RIGHT, PLAINTIFFS
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IN TilE COURT 0.- COMMON PI,EAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 98-1021 CIVIL TERM
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VS.
ALBERT C. TROUTMAN, T/D/B/A
TROUTMAN TREE FARM, AND
NATHAN ZEIGLER, DEFENDANTS
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
l
CERTIFICATE OF SERVICE
Donald R. Dorer, Rsquire, hercby certifies that he is the attorney for the Defendant
herein, and that he caused a true and correct copy of the attached Answer of Defendants to
Plaintiffs' Complaint to be served by regular first class mail upon:
,
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John F. Lyons, Rsquire
Law Offices of John F. Lyons
108-112 Walnut Street
Harrisburg, PA 17101
Date: March 17, 1998
onald R. Dorer, Esquire
Attorney for Defendants
KAITLlN E. SICA, 0 Minor, by
SAMUEL A. SICA ond MADELINE E.
SICA, os Guordlons ond In their
own right,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plointiffs
v.
NO. 98-1021 CIVIL TERM
ALBERT C. TROUTMAN, t/d/b/a
TROUTMAN TREE FARM, and
NATHAN ZEIGLER,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ACCEPTANCE OF SERVICE
'/ DONALD R. DORER, Esquire accept service of the Complaint on behalf of
defendants, Albert C. Troutman t/a Troutman Tree Farm and Nathan Zeigler, and
certify that I am authorized to do so.
Date:~ 11 / /9JJ
I'
By:
DONALD R, DORER, ESQUIRE
Attorney for Defendants,
Albert C. Troutman,
Troutman Tree Farm
and Nathan Zeigler
Rubinate, J::lcobs and Soba
214 Senate Avenue
Suite 503
Camp Hill, PA 17011
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KAITLlN E. SICA, a minor,
by SAMUEL A. SICA, and
MADELINE E. SICA, as
guardians and In their own right,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
98-1021 CIVIL TERM
v.
ALBERT C. TROUTMAN, Vdlb/a
TROUTMAN TREE FARM and
NATHAN ZEIGLER,
Defendants
IN RE: APPOINTMENT OF ARBITRATORS
ORDER OF COURT
AND NOW, July 15, 1998, the appointment of Michelle Calvert, Esquire, to
the arbitration panel in the above-captioned case is vacated, and Thomas Diehl,
Esquire, Is appointed in her stead,
By the Court,
P.J,
H, Anthony Adams, Esquire
Chairman
Thomas Diehl, Esquire
Jennifer Deitchman, Esquire
TRUE CO?\~ FROi;1 P;:.:C:CH1D
In TostImfJ:-:Y ',\'ll)r~x,r, I rt;::IC Ifilte, ~:~~l :r.'~' :~and
~~~s 11)~1 O~;j~ ~;?t,~C;;~;i~~'~ ~~
r " , '-? . A.Rrc.
Prothonotary
98.Qt5
KAITLIN E. SICA, A MINOR, BY
SAMUEL A. SICA, AND MADELINE E.
SICA, AS GUARDIANS AND IN THEIR
OWN RIGHT, PLAINTIFFS
IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 98-1021 CIVIL TERM
VS.
ALBERT C. TROUTMAN, TIDIBIA
TROUTMAN TREE FARM, AND
NATHAN ZEIGLER, DEFENDANTS
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE TO SETTLE, DISCONTINUE AND END
TO mE PROTIlONOTARY:
Please mark the above-captioned case settled, discontinued and ended,
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Date: /o!)/ /q8
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H. AN'I'1I0NY AII,\1\I8
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HIIII'I'I':NHIIIIIUI, I'I':NNH"I,\',\NI.\ 171!t\7
'1'1':1,1':1'111 IN I'; 17171 r,:l1!.a1!711
10'.\ X 17171 r,:l1!.1I117,l
September 10, 1998
Honorable George Hoffer
Judges Chambers
Cumberland County Courthouse
Carlisle, PA 17013
Dear Judge Hoffer:
I was the chairman In a Board of Arbitration In the matter of Kaltlln Sica v,
Troutman, 98-1021. The Board was not required to hear the case since the
matter settled prior to the scheduled hearing,
Sincerely,
H. Anthony Adams
HAA:DMS
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PO nox 1711
Harrisburg. PA 17105-01041
Certificate of Deposit Receipt
Accuunt Number: 050011111192
Dale Opened: 11-23-98
Term: 25 Months
Mnturlty Dnle: 12-23-0ll
Interest Hnle: 5.04
APY: 5.10
Accuunl Type: 25 Munth Special CD~
InterestPnyment Methud: Semi-Annual
Penalty: 180 Days
Frequency uf Compuundlng: Semi-Annual
Mlnlmumllnl.lnce Itequlremenl: $lll,UUO.OII
.
I'l'epnl'ed Uy: I-M,g,,, '/); 1!$i't-!Url1 I
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MADELINE E SICA TitS
Select-lhe appropriate lIer:
---=:::::' $JO.IIIIll,OO - 201,999,99
_ $25,0110,011 - 49,0110.00
_ $5U,UUO,110 +
KAITLlN ELIZADETH SICA UN!
1709 WYNDHAM 1m
CAMP HILL, PA 17011
$11,2511,011
Opening Dep(oslt
25 Monlh Special Certificate of Deposll AccounllJlsclusure
I'IXED (tATE ACCOUNT: The intere.t rate unlhis account is fixed. Yuuwill be p.,id this rate until the maturity dnte of
the certificate.
COMPOUNDING AND CREDITING: Interest will be cumpuunded and credited seml'allnuillly allll credlled at
maturity.
MINIMUM UALANCE REQUInEMENTS: A mllllmum depusit of$IO.OUII is needed luupcnthe accuullt.
UALANCE COMI~UTATION Mh'TIIOD: The d.lily IMlnnce mclhod will be used tu calculntc inlerest un yuur nccuulll.
ThIs methpI! apfilles a daily periodic rate tuthe princlpallnl,1wjlCClluntl'ach day,
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ACCRUAL OF INTEREST: Interesl bellins to accrue nu laler than the business day WI' receive crcdit fur non-cnsh items
'I. . ,.,
(for example, checlls),: '
I' i I':
1'RANSACI'ION,L1Mq'ATIONS: Additlunal deposlls may nul be made intuthis nccuunt.
" I Wrr'HDRAWAL 011 INTEREST l'IUOIt :\'0 MATUIUTY: The nnnunll'erccnlnlle yicld disclused in
N: I!,e rate sccllon' pssuuies InlereSI'i~lIIl'clhnln'o'll dcposilunlil nmlurily. All}' withdrawnl will reduce
~'I. rlarnings. !. 1.1:, .
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. EARLY WITHDRAWAL: AllY withdrawal of prindp.11 f",mlhis ilccoulltpriur tulhe illill.llmnlurily
, dale will result in it penally equal to '180 days earnings nllllw amuunt withdrawll ill thl.! mle lJt!inJ; paid
unllwaccollnt.
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NAUTOMATIC RENEWAL 01' ACCOUNT: At 1IIi1I urily, Y"llr nCcollllt will nlllllllh,licillly rellCw fill' 2,1
_ ".lonth5 nlt.he rille and lerms inl!ffl.!ct at lhilllim!!, You willIH1\'l' 7l'ilk'ndilr dllYS nCler IIw malurity c.Ii1lp
lu withdraw yuur fllllds wilhollt beillll chnrgcd n f'ellillly,
.. ", : :,' , Fur mldlliullallnforlllnlioll, pleilse refcr lu y"ur Rulcs of Del'"SIl
.11 , ,', . ! ' Accounls brochure.
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Member I'OIC
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