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PA Bulletin, Doc. No. 96-238

THE COURTS

DELAWARE COUNTY

Adoption of Rule *2039

[26 Pa.B. 750]

Order

   And Now, this 1st day of February, 1996, the Court herewith adopts Rule *2039 as follows:

   Rule *2039--Compromise, Settlement, Discontinuance of a Minor's Action and Distribution.

   (a)  The petition to compromise, settle or discontinue a minor's action shall include the following items:

   1.  A report from a physician dated within thirty (30) days of the filing of the petition;

   2.  A verified statement by the minor's guardian with respect to (i) the minor's physical and/or mental condition and (ii) certifying the guardian's approval of the proposed settlement (or discontinuance) and distribution of the settlement proceeds;

   3.  A statement by the minor's attorney of his or her professional opinion concerning liability; and

   4.  The minor's written approval of the proposed settlement and distribution (or discontinuance) in the event the minor has attained the age of sixteen (16).

   (b) 1.  If the proposed distribution includes a claim for counsel fees in excess of twenty-five percent (25%) of the net (after expenses incurred by counsel) settlement, evidence shall be presented as to the nature and extent of the services rendered.

   2.  Within thirty (30) days of the order approving the proposed settlement and distribution counsel for the minor shall file with the Office of Judicial Support a certification that the funds awarded to the minor were deposited in accordance with the provisions of Pa.R.C.P. 2039(b)(2).

By the Court

A. LEO SERENI,   
Judge

[Pa.B. Doc. No. 96-238. Filed for public inspection February 23, 1996, 9:00 a.m.]


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