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HomeMy WebLinkAbout02-4417THOMAS CH1LCOTE, Individually and as Parent and Natural Guardian of TIMOTHY CHILCOTE, a Minor, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. ERIC W. WHITE, Defendant / Respondent No. Oa.--qq 7 PETITION TO OBTAIN COURT APPROVAL TO SETTLE THE CLAIMS OF A MINOig - The Petitioner, Thomas Chilcote, Individually and as Parent and Natural Guardian of Timothy Chilcote, a Minor, respectfully represents: 1. The Petitioner, Thomas Chilcote, is an adult individual who currently resides at 880 Hawthorn Avenue, Mechanicsburg, Pennsylvania. 2. The Minor, Timothy Chilcote, is currently 16 years old, having been born on December 1, 1985. He resides with his natural father. His natural mother is deceased. 3. The Respondent, Thomas Chi/cote, an adult individual, who currently resides at 808 Hawthorn Avenue, Mechanicsburg, Pennsylvania is the natural father of the Minor Plaintiff, Timothy Chilcote. 4. The circumstances giving rise to the instant Petition occurred on July 25, 2001, on College Avenue, Messiah College, Grantham, Cumberland County, Pennsylvania. 5. At that time and place, the Minor Plaintiff was a passenger in a vehicle owned and operated by his father, Thomas Chilcote. 6. This accident occurred when Mr. White and Mr. Chilcote were backing their vehicles out of their respective parking spaces at the same time in the parking lot by the Eisenhower Building at Messiah College and they backed into each other. 7. The minor Plaintiff was not taken for treatment at the time of the accident. On July 27, 2001, he treated with Dr. Michael R. Warner, Warner Chiropractic Care Center, 5315 East Trindle Road, Mechanicsburg, Pennsylvania, where he was diagnosed with an acute moderate cervical "whiplash type" sprain/strain, acute moderate headaches, and acute moderate thoracic sprain/strain. His last visit to Dr. Warner was on August 30, 2002. Dr. Warner has indicated that Timothy has reached maximum medical improvement. 8. All medical bills to date have been paid. 9. On the date of the accident, Defendant, Eric W. White, was insured under an automobile liability policy issued by GEICO insurance company. 10. To settle the case, the parties have agreed that the sum of $5,000.00 will be paid on behalf of Timothy Chilcote, a Minor, in exchange for a Release of All Claims. Attached hereto as Exhibit "B" is a true and correct copy of the proposed Release. 11. The Petitioner believes that the settlement enumerated in the Petition is fair and equitable and in the best interest of the Minor. 12. GEICO insurance company has offered to pay the sum set out in this Petition toward an amicable solution of the claims and in exchange for court approval and a Release of All Claims. GEICO will also pay all court costs and legal fees incurred with respect to the instant Petition for Court Approval. WHEREFORE, the Petitioner respectfully requests that this Court enter an Order approving the foregoing compromise settlement, directing the distribution of proceeds thereof as set forth above, and authorizing the Petitioner, upon payment of the aforesaid sum, to discontinue the action brought and to execute a full and final Release. CALDWELL & KEARNS /_/'~_tt_oyne3 -- No. 73617 3631 North Front Street Harrisburg, Pennsylvania 17110-1533 (717) 232-7661 Date: 02-335/40756 THOMAS CHILCOTE, Individually and as Parent and Natural Guardian of TIMOTHY CHILCOTE, a Minor, Plaintiff/Petitioner VS. ERIC W. WHITE, Defendant / Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. GENERAL RELEASE FOR AND IN CONSIDERATION OF the payment to us of the sum of Five Thousand ($5,000.00) Dollars, and other good and valuable consideration, we, being of lawful age, have released and discharged, and by these presents do for ourselves, our heirs, executors, administrators and assigns, release, acquit and forever discharge, ERIC W. WHITE, and GEICO insurance company and any and all other persons, firms and corporation, of and from any and all past, present and future actions, causes of action, claims, demands, damages, costs, loss of services, expenses compensation, third party actions, liens, subrogation, suits at law or in equity, including claims or suits for contribution and/or indemnity, of whatever way growing out of any and all personal injuries, and property damage resulting or to result from the accident that occurred on or about July 25, 2001, on College Avenue, Messiah College, Grantham, Cumberland County, Pennsylvania. We hereby declare and represent that the injuries sustained may be permanent and progressive and that recovery therefrom is uncertain and indefinite, and in making this Release and agreement, it is understood and agreed that we rely wholly upon our own judgment, belief and knowledge of the nature, extent and duration of said injuries. We understand that this settlement is the compromise of a doubtful and disputed claim, and that the payment is not to be construed as an admission of liability on the part of the persons, firms and corporations hereby released by whom liability is expressly denied. It is understood and agreed that this Release is executed in connection with the settlement of the claims of the undersigned as set forth in a Civil Action entered to No. in the Court of Common Pleas of Cumberland County, Pennsylvania, which action is to be marked as discontinued and settled and withdrawn. 1N WITNESS WHEREOF, we have hereunto set our hands and seals this day of ,2002, intending to be legally bound hereby. WITNESS: (SEA ) Thomas Chilcote Individually and as Parent and Natural Guardian of Timothy Chilcote, a Minor (SEAL) Timothy Chilcote THOMAS CHILCOTE, Individually and as Parent and Natural Guardian of TIMOTHY CHILCOTE, a Minor, Plaintiff / Petitioner VS. ERIC W. WHITE, Defendant / Respondent : iN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. O2 - t.4ql? '. '. AND NOW, this 3__ Ordered that a hearing be held on O~ ~ ,.50 tZ/A0 . in Courtroom No. ! Settle the Claims of a Minor. ,,K day of ., 2002, it is hereby o~OO ¢L at for the Court to consider the Petition to Distribution: l) 2) Thomas Chilcote P.O. Box 157 Grantham, PA 117027 Jeffrey T. McGuire, Esquire CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110-1533 BY THECOURT: Jo THOMAS CHILCOTE, Individually and as Parent and Natural Guardian of TIMOTHY CHILCOTE, a Minor, Plaintiff/Petitioner VS. ERIC W. WHITE, Defendant / Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 024417 Civil Term PRAECIPE TO DISCONTINUE TO THE CUMBERLAND COUNTY PROTHONOTARY: PLEASE mark the above-captioned lawsuit settled, discontinued and ended. Thomas Chilcote Individually and as Parent and Natural Guardian of Timothy Chilcote, a Minor Dated: / 0/$o/0~ THOMAS CHILCOTE, Individually and as Parent and Natural Guardian of TIMOTHY CHILCOTE, a Minor, Plaintiff / Petitioner VS. ERIC W. WHITE, Defendant / Respondent : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . .' : No. 02-4417 Civil Term . . AND NOW, this~} y o£ ,2002, upon consideration of the petition to Settle the Claims of a Minor, IT IS HEREBY ORDERED AND DECREED that the settlement is approved. GEICO insurance company is directed to make payment of the sum of $5,000.00 to Thomas Chilcote on behalf of Timothy Chilcote, a Minor. Petitioner is authorized to execute a full and final Release on behalf of the Minor Plaintiff and to discontinue the instant action. BY THE COURT: