THE COURTS
SCHUYLKILL COUNTY
Amended Orphans' Court Rules
[35 Pa.B. 2874]
Order of Court And Now, this 22nd day of April, 2005, at 4:30 p.m., the Court hereby amends Schuylkill County Orphans' Court Rule 12.5E. This rule is amended for use in the Court of Common Pleas of Schuylkill County, Pennsylvania, Twenty-First Judicial District, Commonwealth of Pennsylvania, effective thirty (30) days after publication in the Pennsylvania Bulletin.
The Clerk of the Orphans' Court of Schuylkill County is Ordered and Directed to do the following:
1) File ten (10) certified copies of this Order and Rule with the Administrative Office of Pennsylvania Courts.
2) File two (2) certified copies of this Order and Rule with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin together with a diskette reflecting the text in the hard copy version.
3) File one (1) certified copy of this Order and Rule with the Pennsylvania Orphans' Court Rules Committee.
4) Forward one (1) copy to the Schuylkill County Law Library for publication in the Schuylkill Legal Record.
5) Keep continuously available for public inspection copies of this Order and Rule.
It is further Ordered that said rules as they existed prior to the amendment is hereby repealed and annulled on the effective date of said rule as amended, but no right acquired thereunder shall be disturbed.
By the Court
WILLIAM E. BALDWIN,
President JudgeRule 12.5e Compromise, Settlement, Discontinuance and Distribution. Minors.
(a) General rule. Except as provided in subsection (b), no settlement of an action of a minor for personal injuries will be authorized or approved without the appearance of the minor in court, medical evidence as to the extent of the minor's injuries and whether such injuries have fully resolved, and such further information as the Court shall deem necessary.
(b) The Court may approve the petition without requiring the appearance of the minor, his guardian, or his doctor, provided the Court concludes that the information contained in the petition is sufficient to satisfy that the proposed settlement adequately compensates the minor and his guardian for the injuries sustained and expenses incurred and so long as the petition contains all information set forth in Sch.R.C.P. 2039.
(c) Form of Proposed Order. The form of proposed order shall be as follows:
COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
In Re: : No. : a Minor
: : Minor's Compromise
ORDER OF COURT AND NOW, this ____ day of ______ , 20 ____ , at ____ .m., upon consideration of the Petition for Approval of Minor's Settlement, it is hereby ORDERED and DIRECTED that the Compromise Settlement in the sum of _____ Dollars ($ _____ ) is APPROVED, and that the Settlement be distributed as follows:
1. The sum of _____ Dollars ($ _____ ) shall be paid to ______ for his legal representation of the petitioners.
2. The sum of _____ Dollars ($ _____ ) shall be paid to ______ for costs expended.
3. The sum of _____ Dollars ($ _____ ) shall be distributed to the benefit of ______ , a minor, to be placed in one or more federally insured savings accounts or federally insured savings certificates in the name of the minor so that the amount deposited in any one such savings institution shall not exceed the amount to which accounts are insured, and to be marked ''NOT TO BE WITHDRAWN UNTIL THE MINOR REACHES THE AGE OF EIGHTEEN (18), EXCEPT FOR THE PAYMENT OF LOCAL, STATE AND FEDERAL INCOME TAXES ON INTEREST EARNED BY THE SAVINGS ACCOUNT OR CERTIFICATE, IF ANY, OR UNTIL FURTHER ORDER OF THIS COURT''.
Counsel for petitioners is ORDERED to cause the restricted account to be created and to file an affidavit of deposit of minor's funds within thirty (30) days with the Clerk of the Orphans' Court.
Pursuant to Sch. Co. O.C. Rule 12.5B(c), if no withdrawals are made from the account prior to the minor reaching his/her majority, the institution may pay over the funds when the minor attains age eighteen (18) years, upon the joint requests of the natural parent(s) and the former minor without further Order of this Court.
BY THE COURT,
_________________
(c) The affidavit of deposit of minor's funds shall be filed within thirty (30) days of the creation of the restricted account and shall be in the following form:
COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
In Re: : No. : a Minor
: : Minor's Compromise
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 ''NOT TO BE WITHDRAWN UNTIL THE MINOR REACHES THE AGE OF EIGHTEEN (18), EXCEPT FOR THE PAYMENT OF LOCAL, STATE AND FEDERAL INCOME TAXES ON INTEREST EARNED BY THE SAVINGS ACCOUNT OR CERTIFICATE, IF ANY, OR UNTIL FURTHER ORDER OF THIS COURT'' on ______ . Account No. ______ is entitled: ______ , a minor. Proof of deposit is attached hereto as Exhibit A.
_________________
Counsel for Parents and Natural Guardians
of ______ , a minor
[Pa.B. Doc. No. 05-934. Filed for public inspection May 13, 2005, 9:00 a.m.]
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