L2039

Chapter II

MINORS AS PARTIES

Rule L2039  COMPROMISE, SETTLEMENT, DISCONTINUANCE AND DISTRIBUTION
(a) Contents of Petition.
A petition presented pursuant to Pa.R.C.P. 2039 seeking to compromise a minor’s claim shall be verified by the guardian of the minor, and shall contain a statement describing the nature of the evidence relied upon to establish liability, the elements of damages, the injuries sustained, and a list of expenses incurred or reasonably anticipated. The petition shall also include the following:
(1) A statement by counsel concerning his or her professional opinion regarding the desirability of the settlement and the reasons therefore;
(2) A description of the services rendered;
(3) A description of the amount of reimbursable expenses requested;
(4) The amount of fees requested;
      Note: The court will approve a contingent fee of 33 1/3%. All fees in excess of
33 1/3% shall be considered on a case by case basis.
(5) A statement by the attending physician concerning the injuries sustained by the minor, the treatment administered and the prognosis; and
(6) In cases involving property damage claims, a statement by the party who made the repairs or who appraised the loss.
(b) Order of Court Directing Deposit of Funds.
All petitions presented pursuant to Pa.R.C.P. 2039 where the proceeds of the settlement are to be deposited in a savings account or in a certificate of deposit shall have attached to the petition an order including the following language:

“It is hereby ordered and decreed that the amount of $__________ shall be deposited in the name of _________________ (name of minor), a minor, by counsel of record in a savings account or certificate of deposit in a federally insured bank, savings and loan association or credit union. The savings account or certificate of deposit shall contain the following notation: NOT TO BE WITHDRAWN UNTIL THE MINOR REACHES THE AGE OF MAJORITY OR BY FURTHER ORDER OF THIS COURT.”

(c) Proof of Deposit. Plaintiff’s counsel shall be responsible for filing a Proof of Deposit with the Prothonotary or Clerk of the Orphans’ Court within 30 days of
the entry of an order directing the deposit of funds.

(d) Annuity Contracts.
(1) Where the terms of settlement of a minor’s claim include an annuity contract, the annuity contract shall provide that the policy will not be transferred or assigned to another company within the prior written approval of this court.
(2) Plaintiff’s counsel shall serve a copy of this Rule upon the company issuing the annuity contract, and file proof of such service with the Prothonotary within 30 days following the court’s approval of any such annuity contract.

(e) Unless excused for cause shown, any petition to compromise a minor’s claim shall be presented in motion court. The guardian and the minor shall appear unless excused by the court for cause shown.