DAUPHIN COUNTY Promulgation of Local Rules; No. 1793 S 1989 [33 Pa.B. 6215] Order And Now, this 4th day of December 2003, Dauphin County Local Rules of Civil Procedure 2039, 2039A, 2039B, 2206, and 2206A are promulgated as follows:
Rule 2039 Petitions for Approval of Minors' Compromises
(a)(1) Petitions for Approval of Settlement or Compromise in matters in which a minor has an interest shall be filed in the Orphans' Court Division where the minor resides if no suit has been previously filed or in the Prothonotary's Office under the docket number of the previously filed suit.
(2) The petition shall set forth:
(a) The factual background of the claim;
(b) The identification of the parties including the age of the minor and the addresses of the biological parents of the minor;
(c) Counsel's analysis of the liability and damages issues relevant to the determination of the reasonableness of the proposed settlement;
(d) Counsel's certification that the settlement is reasonable and in the best interest of the minor;
(e) The types and amounts of insurance coverage applicable to the claim and representation as to the efforts made to identify other collateral sources;
(f) Whether there are any unpaid liens, claims or debts. Where claims or debts have been waived, Petitioner shall attach as an exhibit written proof of waiver of such lien, claim or debt;
(g) A request for authorization of parent or natural guardian to sign the proposed release;
(h) A description of the type of account into which the settlement proceeds will be deposited;
(i) A statement of the proposed distribution of the settlement funds which includes the proposed percentage of counsel fees and an itemization of costs. The petitioner shall attach appropriate documentation in support of the itemized costs;
(j) Certification of the joinder of the parents or natural guardians in the proposed settlement.
(3) The petition shall contain the following exhibits:
(a) Copies of medical reports or records evidencing the diagnosis and prognosis of the minor's injuries;
(b) Investigative or police accident reports which provide background information regarding the incident which caused the minor's injuries;
(c) The counsel fee agreement with the parents or natural guardians of the minor executed by any attorney seeking recovery of counsel fees;
(4) Any amendments or supplements to the petition required by the court shall be filed of record.
(5) The Court may approve a petition without a hearing. If the Court schedules a hearing, the court may require the personal attendance and testimony of the guardian, the treating physician, the representative of the financial institution responsible for the investment of settlement funds or any other evidence which the court deems necessary to determine whether the proposed settlement adequately protects the minors interests.
(6) The Court may require a hearing on the issue of counsel fees if counsel seeks the recovery of fees in excess of 25% of the gross settlement amount. If a hearing on counsel fees is required, the court shall require the testimony of counsel primarily responsible for the preparation of the case.
(7) Except as otherwise required by the Court, the appearance of the minor shall not be required.
(8) The Petitioner shall attach a proposed order which includes the caption to the face of the petition substan-tially in the form found in local rule 2039A which sets forth:
(a) The court's authorization for the petitioner to enter into a settlement and release on behalf of the minor;
(b) Reference to the total amount of the settlement;
(c) A complete statement of the distribution of the settlement amount as set forth in the petition;
(d) Identification of the type of account to be utilized, which account shall comply with Pa.R.C.P. 2039, including a provision that no withdrawal shall be made from any such account until the minor attains majority or by a prior order of court;
(e) A provision that counsel shall provide the court with an Affidavit of Deposit of Minor's Funds within ten days from the date of the order. Said affidavit shall be substantially in the form found in local rule 2039B.
(b) The Court shall, in appropriate cases, authorize the parent or natural guardian to deposit cash to be paid for the benefit of the minor into an interest bearing, restricted account, insured by the Federal government, which conforms to the provisions of Pa.R.C.P. 2039.
Rule 2039A Form
______ , Parent and Natural Guardian : In the Court of Common Pleas of ______ , a minor, : Dauphin County, Pennsylvania Plaintiff : : v. : No. : ______ , : Defendant : ORDER AND NOW THIS ______ day of _____ , 20 __ , upon consideration of the Petition for Approval of Minor's Settlement, it is hereby ordered that the Petitioner is authorized to enter into a settlement in the gross sum of _____ . Petitioner is authorized to sign a release and to mark the matter settled, discontinued and ended as to the above defendant(s).
The settlement amount shall be distributed as follows:
TO: ______ , attorney at law, $ _____ for counsel fees;
TO: ______ , attorney at law, $ _____ for reimbursement of costs;
TO: ______ , as Parent and Natural Guardian of ______ , a minor, $ _____ to be deposited into a restricted, federally insured account marked ''No withdrawals prior to age 18 without prior court approval.''
TOTAL AMOUNT OF DISTRIBUTION: $ ______
Counsel shall provide to the Court, within ten (10) days from the date of this order proof of such deposit.
BY THE COURT:
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J.Rule 2039B Form
______ , Parent and Natural Guardian of : In the Court of Common Pleas ______ , a minor, : Dauphin County, Pennsylvania Plaintiff : : v. : No: : ______ , : Defendant : AFFIDAVIT OF DEPOSIT OF MINOR'S FUNDS The undersigned, counsel for ______ , parents and natural guardians of ______ , a minor, hereby certifies that the net settlement amount of $ _____ as set forth in this Court's order dated _____ was deposited by ______ into a restricted, federally insured account, marked ''No withdrawals prior to age 18 without prior court approval'' on _____ . Account No. _____ is entitled: ______ , a minor. Proof of deposit is attached hereto as Exhibit A.
_________________
Counsel for Parents and Natural Guardians of
______ , a minorRule 2206 Petitions for Approval of Wrongful Death and Survival Settlements
(a) RESERVED
(b)(1) Petitions for Approval of Wrongful Death and Survival Settlements shall be filed in the Orphans' Court Division where the estate is being administered if no suit has been previously filed or in the Prothonotary's Office under the docket number of the previously filed suit.
(2) The petition shall set forth:
(a) A heading briefly identifying the purpose of the petition;
(b) The factual background of the claim;
(c) Whether the decedent died intestate; if the decedent died testate, a copy of the will shall be attached to the petition;
(d) Identification of the wrongful death beneficiaries;
(e) Whether any wrongful death beneficiaries are minors or incapacitated persons and whether a guardian has been appointed for the person or estate;
(f) Counsel's analysis of the liability and damages issues relevant to the determination of the reasonableness of the proposed settlement;
(g) The types and amounts of insurance coverage applicable to the claim and representation as to the efforts made to identify other collateral sources;
(h) The proposed apportionment between wrongful death and survival recoveries including the factual basis for said apportionment;
(i) Whether there are any unpaid liens, claims or debts.
(j) A statement of the proposed distribution of settlement funds, which includes the percentage of requested counsel fees and an itemization of costs. The petitioner shall attach appropriate documentation in support of the itemized costs;
(k) Certification of joinder of the beneficiaries in the terms of the proposed settlement and petition.
(3) The petition shall contain the following exhibits:
(a) Copies of accident, medical or expert reports related to the alleged cause of death of decedent;
(b) The counsel fee agreement between any counsel seeking recovery of counsel fees and the administrator, executor or beneficiaries on whose behalf approval of settlement is sought;
(c) A copy of correspondence from the Pennsylvania Department of Revenue approving the proposed allocation of settlement funds between the wrongful death and the survival actions.
(4) Any amendments or supplements to the petition required by the court shall be filed of record.
(5) The Court may approve a petition without a hearing. If the Court schedules a hearing, the court may require the personal attendance and testimony of the administrator or executor of the estate on whose behalf the settlement is sought, the representative of the financial institution responsible for the investment of settlement funds received by a minor or incapacitated person, or any other evidence which the court deems necessary to determine whether the proposed settlement adequately protects the interests of the decedent's estate or the distribution to minors or incapacitated persons.
(6) The Court may require a hearing on the issue of counsel fees. If a hearing on counsel fees is required, the court shall require the testimony of counsel primarily responsible for the preparation of the case.
(7) The Petitioner shall attach a proposed order which includes the caption to the face of the petition substantially in the form found in local rule 2206A which sets forth:
(a) The court's authorization for the petitioner to enter into a settlement and release;
(b) Reference to the total amount of the settlement;
(c) A complete statement of the distribution of the settlement amount as set forth in the petition;
Rule 2206A Form
In Re: Estate of ______ , : In the Court of Common Pleas Deceased : Dauphin County, Pennsylvania : : No. ORDER AND NOW THIS ______ day of _____ , 20 _____ , upon consideration of the Petition to Settle Wrongful Death and Survival Actions, it is hereby ordered that the Petitioner is authorized to enter into a settlement in the gross sum of _____ . Petitioner is authorized to sign a release and to mark the matter settled, discontinued and ended as to the defendant(s).
The settlement proceeds shall be distributed as follows:
TO: ______ , attorney at law, $ _____ for counsel fees;
TO: ______ , attorney at law, $ _____ for reimbursement of costs;
The balance of the settlement is apportioned as follows:
Wrongful Death Action $ _____
TO: (spouse)
TO: (child)
TO: (other)
Survival Action $ _____
TO: ______ , personal representative of the Estate of ______ .
BY THE COURT:
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J.These rules shall be effective 30 days after publication in the Pennsylvania Bulletin.
By the Court
JOSEPH H. KLEINFELTER,
President Judge[Pa.B. Doc. No. 03-2387. Filed for public inspection December 19, 2003, 9:00 a.m.]
