Dauphin Cnty. C.P. Rule 2206 - Petitions for Approval of Wrongful Death and ...

RULE 2206: PETITIONS FOR APPROVAL OF WRONGFUL DEATH AND

SURVIVAL SETTLEMENTS

(a) RESERVED

(b) (1) Petitions for Approval of Wrongful Death and Survival Settlements shall be

filed in the Orphans’ Court Division where the estate is being administered

if no suit has been previously filed or in the Prothonotary’s Office under

the docket number of the previously filed suit.

(2) The petition shall set forth:

(a) A heading briefly identifying the purpose of the petition;

(b) The factual background of the claim;

(c) Whether the decedent died intestate; if the decedent died

testate, a copy of the will shall be attached to the petition;

(d) Identification of the wrongful death beneficiaries;

(e) Whether any wrongful death beneficiaries are minors or

incapacitated persons and whether a guardian has been

appointed for the person or estate;

(f) Counsel’s analysis of the liability and damages issues relevant to

the determination of the reasonableness of the proposed

settlement;

(g) The types and amounts of insurance coverage applicable to the

claim and representation as to the efforts made to identify other

collateral sources;

(h) The proposed apportionment between wrongful death and survival

recoveries including the factual basis for said apportionment;

(i) Whether there are any unpaid liens, claims or debts.

(j) A statement of the proposed distribution of settlement

funds, which includes the percentage of requested counsel

fees and an itemization of costs. The petitioner shall attach

appropriate documentation in support of the itemized costs;

(k) Certification of joinder of the beneficiaries in the terms of the

proposed settlement and petition.

(3) The petition shall contain the following exhibits:

(a) Copies of accident, medical or expert reports related to the

alleged cause of death of decedent;

(b) The counsel fee agreement between any counsel seeking recovery

of counsel fees and the administrator, executor or beneficiaries on

whose behalf approval of settlement is sought;

(c) A copy of correspondence from the Pennsylvania Department of

Revenue approving the proposed allocation of settlement funds

between the wrongful death and the survival actions.

(4) Any amendments or supplements to the petition required by the court shall

be filed of record.

(5) The Court may approve a petition without a hearing. If the Court

schedules a hearing, the court may require the personal

attendance and testimony of the administrator or executor of the estate on

whose behalf the settlement is sought, the representative of the financial

institution responsible for the investment of settlement funds received by a

minor or incapacitated person, or any other evidence which the court

deems necessary to determine whether the proposed settlement

adequately protects the interests of the decedent’s estate or the

distribution to minors or incapacitated persons.

(6) The Court may require a hearing on the issue of counsel fees. If a hearing

on counsel fees is required, the court shall require the testimony of

counsel primarily responsible for the preparation of the case.

(7) The Petitioner shall attach a proposed order which includes the caption to

the face of the petition substantially in the form found in local rule 2206A

which sets forth:

(a) The court’s authorization for the petitioner to enter into a

settlement and release;

(b) Reference to the total amount of the settlement;

(c) A complete statement of the distribution of the settlement amount

as set forth in the petition;