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PA Bulletin, Doc. No. 16-691

THE COURTS

ARMSTRONG COUNTY

Adoption of New Local Rules of Court—2002; No. CP-03-AD-0000189-2002

[46 Pa.B. 2034]
[Saturday, April 23, 2016]

Order of Court

 And Now, this 31st day of March, 2016, it is hereby Ordered as follows:

 1. Local Rule of Civil Procedure numbered 2039 is hereby amended to read as follows:

Rule 2039. Compromise, Settlement, Discontinuance. Distribution. Petition. Contents.

 (a) Every petition for approval by the Court of a proposed compromise, settlement or discontinuance of an action for injury to the person of a minor shall contain a description of the injury, a brief account of the circumstances under which it was sustained, a statement of the nature of the evidence relied on to establish liability, any limits on the defendant's financial responsibility, a list of the expenses incurred, the fees of counsel, and arrangements for payment of unpaid bills. The petition shall be accompanied by a written report of the attending physician stating the extent of the injury, the treatment given and the prognosis for the injured party.

 (b) The Court will not entertain a petition under Pa.R.C.P. 2039 unless the minor's guardian has commenced an action in this Court by filing either a praecipe for writ of summons or a complaint, with subsequent service of the writ or the complaint.

 (c) In each and every case, the Court will conduct a hearing on the petition. The petitioner shall file a proposed scheduling order for the hearing at the time the petition is filed. The subject child or children shall be present for the hearing.

 (d) A certified copy of the petition and a certified copy of the scheduling order shall be served by the petitioner upon any non-petitioning parent at least ten days in advance of the hearing unless the written consent, joinder or statement of no objection of the non-petitioning parent to the proposed compromise, settlement, discontinuance and distribution is attached to the petition.

Comment

 The jurisdictional power of the Court to try the action is a prerequisite to the Court's authority to approve its compromise, settlement or discontinuance; hence the requirement for service of original process. See Roche v. Scavicchio, 70 Pa.D&C 75 (Phila. 1950).

 3. The Court Administrator shall take all steps required by Pa.R.C.P. No. 239 for the publication, distribution and dissemination of the amendments and supplements provided for herein.

 4. This Order shall become effective thirty (30) days after publication in the Pennsylvania Bulletin.

By the Court

KENNETH G. VALASEK, 
President Judge

[Pa.B. Doc. No. 16-691. Filed for public inspection April 22, 2016, 9:00 a.m.]


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