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PA Bulletin, Doc. No. 97-182



Amendments to Rules of Civil Procedure:  Minors; 97 00100

[27 Pa.B. 727]


   And Now, this 13th day of January, 1997, it is hereby Ordered and Directed as follows:

   1.  Lycoming County Rule of Civil Procedure L2039 is hereby amended as follows.

   2.  The Prothonotary is directed to:

   a.  File seven (7) certified copies of this order with the Administrative Office of the Pennsylvania Courts.

   b.  Distribute two (2) certified copies of this order to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   c.  File one (1) certified copy of this order with the Civil Procedural Rules Committee.

   d.  Forward one (1) copy of this order to the Lycoming Reporter for publication therein.

   e.  Keep continuously available for public inspection copies of this order.

By the Court

President Judge


   L2039.  Minor's Action--Compromise, Settlement, etc. 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 such further information as the court will deem necessary; provided, however, that if the petition of the guardian for the compromise of a minor's action is accompanied by:

   (1)  [a] written [of a physician dated no more than thirty (30) days before filing of the petition] medical evidence as to the minor's medical condition and his or her prognosis,

   (2)  a statement under oath by the guardian certifying,

   (a)  the present physical or mental condition of the minor, and

   (b)  approval of the proposed settlement and distribution thereof;

   (3)  a statement by counsel of his professional opinion of the probabilities of proof of defendant's negligence by plaintiff and the minor's negligence, if any, by defendant; and,

   (4)  in the event that the minor is sixteen (16) years of age or over, his or her written approval of the proposed settlement and distribution thereof;

the judge to whom said petition has been presented may approve the petition without requiring the appearance of the minor, his guardian or his doctor, in the event that he concludes that the information contained in the petition is sufficient to satisfy him that the proposed settlement adequately compensates the minor and his guardian for the injuries sustained and expenses incurred.

[Pa.B. Doc. No. 97-182. Filed for public inspection February 7, 1997, 9:00 a.m.]

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