Title 255--LOCAL COURT RULES FRANKLIN AND FULTON COUNTIES Amendment of Local Civil Action Rules; Misc. Doc.; Page 2001-450 [31 Pa.B. 1139] Order of Court February 7, 2001, Civil Action Rules 39-206.1, 39-2039, 39-2064 and 39-2206 for the Court of Common Pleas of the 39th Judicial District of Pennsylvania are hereby amended as set forth in the attachment, to be effective thirty (30) days after publication in the Pennsylvania Bulletin.
By the Court
JOHN R. WALKER,
President Judge39-206. Petitions and Motions.
39-206.1. Motion and Petitions may be made or presented to the Court at any open session thereof or in the chambers of the motion judge at such times as the Court may set.
39-206.1.2. All Motions and Petitions shall contain a certification that counsel for the moving or petitioning party has sought concurrence in the Motion or Petition from each other party and that it has been given or denied.
39-206.1.3. Motions made, Petitions presented and rules taken, unless permitted by the Court to be made or taken orally, shall be in writing and shall be verified if the facts do not appear on the face of the record, in the papers on file, or have not been agreed upon by the parties in writing.
39-206.1.4. Motions made and Petitions presented in writing to the Court shall contain a reference to any applicable local or state rule of procedure of statute with reference to which such Motion or Petition is presented.
39-206.1.5. The proper Order to be made by the Court upon a Motion or Petition shall be prepared by counsel in the format prescribed by Pa. R.C.P. 206.5(d) and submitted to the Court for approval, and if approved by the Court, it shall be filed of record immediately after presentation to the Court.
39-206.1.6. Petitions and Motions, other than those made during the actual trial of the case, shall be served forthwith upon the adverse party pursuant to the Pennsylvania Rules of Civil Procedure.
39-206.2 [Reserved].
39-206.3 [Reserved].
39-206.4. Rule to Show Cause. Alternative Procedures.
39-206.4.1. Petitions presented in the 39th Judicial District shall proceed upon a rule to show cause, the issuance of which shall be discretionary with the Court as provided in Pa.R.C.P. 206.5.
39-206.5. Rule to Show Cause. Discretionary Issuance. Stay. Form of Order.
39-206.5.1. The Order issued pursuant to Pa.R.C.P. 206.5 may provide for the taking of depositions on disputed issues of fact, or any evidentiary hearing, at the discretion of the Court.
39-206.6 [Reserved].
39-206.7. Procedure After Issuance of Rule to Show Cause.
39-206.7.1. If an Answer is filed raising disputed issues of material fact, the Court may, in its discretion, order an evidentiary hearing in lieu of depositions under Pa.R.C.P. 206.7.
39-2039. Procedure for Approval of Compromises in Cases in Which a Minor is Plaintiff.
39-2039.1 Situs of the Filing of the Petition. Petitions for approval of settlements in cases where a minor is plaintiff shall be filed with the Prothonotary if an action is pending. In cases in which an action is not already pending, such petitions may be styled as Orphans' Court matters and filed with the Clerk of Courts.
39-2039.2 Issuance of Rule to Show Cause Discretionary. Petitions for approval of settlements shall not proceed upon a Rule to Show Cause unless the Court, in its discretion, determines that a Rule should issue.
39-2039.3 Contents of Petition. The Petition for Court approval shall comply with Pa. R.C.P. 2039 and shall set forth the following:
(a) The salient facts which form the bases of the cause of action;
(b) The date of birth, social security number and address of the minor, names and addresses of the parents and guardians of the minor, and reference to the court, docket number and date of any court order appointing a guardian;
(c) Terms of the settlement, including the specific provisions of any annuity or structured settlement, the credit rating of any entity which assumes responsibility for future payments and the present cost of the annuity or structure, periodic and lump sum payments;
(d) Whether a lien or claim has been raised on behalf of any medical supplier, Medicare, the Department of Public Welfare, ERISA plan, or other entity;
(e) Health care records and/or a written physicians report reflecting the minor's injuries and health care progress;
(f) A statement under oath by the guardian and/or the parent(s), certifying the present physical and/or mental condition, as appropriate, of the minor and approval of the proposed settlement and distribution;
(g) If there is to be an allocation between parties, a statement of the amounts to be allocated to each party and specific reasons for such allocation;
(h) A copy of the agreement supporting a claim for attorney fees;
(i) An itemized accounting of all attorney expenses which counsel requests that the Court approve for reimbursement as part of the settlement;
(j) Certification of policy limits or copy of the declarations page supporting any allegation that limits of insurance coverage are being offered; and
(k) A proposed Order.
39-2039.4 Proof of Deposit and Compliance with Court Order. As soon as possible and within sixty (60) days of entry of a final order, the petitioner shall file with the Prothonotary or Clerk of Courts, as appropriate, a certification of compliance with the court order and proof of deposit.
39-2039.5 Hearing. In a petition for Court approval of settlement or by separate affidavit, a petitioner shall set forth reasons why a hearing may be required on the petition. Such reasons shall include, but are not limited to, information as to whether or not the available limit of insurance coverage is being offered in settlement. On consideration of the petition, the Court shall determine whether or not a hearing is required. In the event that a hearing is required, the petitioner or counsel for the petitioner shall be so advised. In such event, the petitioner or counsel for the petitioner shall secure a date and time for the hearing and shall provide the Court with a proposed order scheduling hearing.
Local Rules Committee Note: It is anticipated that various circumstances may exist which may persuade the Court that a hearing is or is not required on a petition for Court approval of settlement. Relevant information would likely include whether or not insurance policy limits are being offered and may include many other circumstances such as the nature and continuing effect of the minor's injuries, whether or not a structured settlement is proposed, and whether a proposed attorney fee appears to be out of proportion to the services rendered.
39-2064. Procedure for Approval of Compromises in Cases in Which an Incapacitated Person is Plaintiff.
39-2064.1 Situs of the Filing of the Petition. Petitions for approval of settlements in cases in which an incapacitated person is plaintiff shall be filed with the Prothonotary if an action is pending. In cases in which an action is not already pending, such petitions may be styled as Orphans' Court matters and filed with the Clerk of Courts.
39-2064.2 Issuance of Rule to Show Cause Discretionary. Petitions for approval of settlements shall not proceed upon a Rule to Show Cause unless the Court, in its discretion, determines that a Rule should issue.
39-2064.3 Contents of Petition. The petition for Court approval shall comply with Pa. R.C.P. 2064 as appropriate and shall set forth the following:
(a) The salient facts which form the bases of the cause of action;
(b) Date of birth, social security number and address of the incapacitated person, names and addresses of the guardian or guardian at litem, and reference to the court, docket number and date of the court order appointing the guardian or guardian ad litem;
(c) Terms of settlement, including the specific provisions of any annuity or structured settlement, the credit rating of any entity which assumes responsibility for future payments and the present cost of the annuity or structure, periodic and lump sum payments;
(d) Whether a lien or claim has been raised on behalf of any medical supplier, Medicare, the Department of Public Welfare, ERISA plan or other entity;
(e) Health care records and/or a written physician's report reflecting the incapacitated person's injuries and health care progress;
(f) A statement under oath by the guardian or guardian ad litem certifying the present physical and/or mental condition, as appropriate, of the incapacitated person and approval of the proposed settlement and distribution;
(g) If there is to be an allocation between parties, a statement of the amounts to be allocated to each party and specific reasons for such allocation;
(h) A copy of the agreement supporting a claim for attorney fees;
(i) An itemized accounting of all attorney expenses which counsel requests that the Court approve for reimbursement as part of the settlement;
(j) Certification of policy limits or copy of the declarations page supporting any allegation that limits of insurance coverage are being offered; and
(k) A proposed Order.
39-2064.4 Proof of Deposit and Compliance with Court Order. As soon as possible and within sixty (60) days of entry of a final order, the petitioner shall file with the Prothonotary or Clerk of Courts, as appropriate, a certification of compliance with the court order and proof of deposit.
39-2064.5 Hearing. In a petition for Court approval of settlement or by separate affidavit, a petitioner shall set forth reasons why a hearing may be required on the petition. Such reasons shall include, but are not limited to, information as to whether or not the available limit of insurance coverage is being offered in settlement. On consideration of the petition, the Court shall determine whether or not a hearing is required. In the event that a hearing is required, the petitioner or counsel for the petitioner shall be so advised. In such event, the petitioner or counsel for the petitioner shall secure a date and time for the hearing and shall provide the Court with a proposed order scheduling hearing.
Local Rules Committee Note: It is anticipated that various circumstances may exist which may persuade the Court that a hearing is or is not required on a petition for Court approval of settlement. Relevant information would likely include whether or not insurance policy limits are being offered and may include many other circumstances such as the nature and continuing effect of the incapacitated person's injuries, whether or not a structured settlement is proposed, and whether a proposed attorney fee appears to be out of proportion to the services rendered.
39-2206. Procedure for Approval of Settlements of Death Cases.
39-2206.1 Situs of the Filing of the Petition. Petitions for approval of settlements of death cases, including actions for wrongful death only in which a minor or incapacitated person has an interest, survival actions, and combined wrongful and survival actions, shall be filed with the Prothonotary if an action is pending. In cases in which an action is not already pending, such petitions may be styled as Orphans' Court matters and filed with the Clerk of Courts.
39-2206.2 Additional Considerations. It is anticipated that various circumstances may exist which may persuade the Court that a hearing is or is not required on a petition for Court approval of settlement. Relevant information would likely include whether or not insurance policy limits are being offered and may include many other circumstances such as whether or not a structured settlement is proposed, and whether a proposed attorney fee appears to be out of proportion to the services rendered.
39-2206.3 Contents of Petition. The petition for Court approval shall comply with Pa. R.C.P. 2206 and shall set forth the following:
(a) The salient facts which form the bases of the cause of action;
(b) The decedent's date of death, name of the personal representative of the estate and county of appointment with copy of the Decree of the Register attached, proposed allocation as between wrongful death and survival actions, given the proposed allocation, whether there are sufficient assets in the estate to satisfy all debts, pay all creditors, and pay inheritance taxes, identity of the wrongful death beneficiaries and the amount each is to receive, statement of compliance with Pa. R.C.P. 2205, certification that notice of the presentation of the petition has been given to all parties entitled to share in the proceeds of the proposed settlement, identity of any other parties who may have an interest in the decedent's estate with a description of such interest, and written approval of the Pennsylvania Department of Revenue for allocation between wrongful death and survival actions if such approval has been sought;
(c) Terms of the settlement, including the specific provisions of any annuity or structured settlement, the credit rating of any entity which assumes responsibility for future payments and the present cost of the annuity or structure, periodic and lump sum payments;
(d) Whether a lien or claim has been raised on behalf of any medical supplier, Medicare, the Department of Public Welfare, ERISA plan, or other entity;
(e) A copy of the agreement supporting a claim for attorneys fees;
(f) An itemized accounting of all attorney expenses which counsel requests that the Court approve for reimbursement as part of the settlement;
(g) Certification of policy limits or copy of the declarations page supporting any allegation that limits of insurance coverage are being offered; and
(h) A proposed Order.
39-2206.4 Proof of Deposit and Compliance with Court Order. As soon as possible and within sixty (60) days of entry of a final order, the petitioner shall file with the Prothonotary or Clerk of Courts, as appropriate, a certification of compliance with the court order and proof of deposit.
39-2206.5 Hearing. In a petition for Court approval of settlement or by separate affidavit, a petitioner shall set forth reasons why a hearing may be required on the petition. Such reasons shall include, but are not limited to, information as to whether or not the available limit of insurance coverage is being offered in settlement. On consideration of the petition, the Court shall determine whether or not a hearing is required. In the event that a hearing is required, the petitioner or counsel for the petitioner shall be so advised. In such event, the petitioner or counsel for the petitioner shall secure a date and time for the hearing and shall provide the Court with a proposed order scheduling hearing.
Local Rules Committee Notes:
(1) If an action only raises a wrongful death claim, Court approval of settlement is required only where a minor or incapacitated person has an interest. If the complaint raised wrongful death and survival claims, Court approval is required as to allocation between the categories notwithstanding the absence of minors or incapacitated persons with an interest even if the Plaintiff requests that the entire allocation be to the wrongful death claim. It is anticipated that, in virtually all death cases settled prior to the filing of suit, Court approval will be sought in order to protect the interest of the parties.
(2) It is anticipated that various circumstances may exist which may persuade the Court that a hearing is or is not required on a petition for court approval of settlement. Relevant information would likely include whether or not insurance policy limits are being offered and may include many other circumstances such aswhether or not a structured settlement is proposed, and whether a proposed attorney fee appears to be out of proportion to the services rendered.
[Pa.B. Doc. No. 01-315. Filed for public inspection February 23, 2001, 9:00 a.m.]
