As amended through June 1, 2022
Rule 2039 - Petition For Approval Of A Settlement Where A Minor Has An Interest(a) A petition for settlement of a case in which a minor has an interest shall initially be filed with the Prothonotary, except in cases where the Orphan's Court has jurisdiction. (1) When a settlement has been reached in a case where a minor has an interest as the result of a pre-trial or settlement conference, the assigned judge shall retain jurisdiction for judicial determination of the petition in accordance with subsection (b).(2) In cases where the matter has not been assigned to a judge, such petition shall be presented to the judge assigned to Motions Court.(b) The petition for settlement shall contain the following: (1) the factual circumstances of the case;(2) the reasons why the settlement is a proper one; and(3) be accompanied by the following: (i) a proposed order of distribution;(ii) a written report of a physician;(iii) a statement under oath by the guardian certifying (1) the present physical or mental condition of the minor, and (2) approval of the proposed settlement and distribution of proceeds;(iv) a statement of the professional opinion of counsel as to the reasonableness of the proposed settlement and the basis for such opinion;(v) in the event that the minor is sixteen years of age or over, his or her written approval of the proposed settlement and distribution thereof; and(vi) a copy of the written fee agreement.(c) The order of distribution shall include an award of counsel fees. The standard for the award of counsel fees in the representation of minors is that such fees must be reasonable in accordance with the guidelines set forth in Rule 1.5 of the Pennsylvania Rules of Professional Conduct.(d) The Court may require the personal appearance of the minor and his or her guardian, any physician treating the minor, or any other relevant person, as well as the production of any evidence deemed necessary for approval of the petition for settlement.Amended effective 1/1/2022