Westmoreland Cnty. C.P. Local Rules of Court RULE WO 5.18

A petition to compromise and settle a minor’s claim shall contain, at minimum, the

following averments of fact:

(a) Description of the factual circumstances of the case. These should include the date

of the accident or injury, how the accident or injury occurred, the age of the minor at

the time of the accident or injury, and identification of the defendant. If the case

involves an automobile accident, the accident report should be attached.

(b) Type of injury suffered. Medical documentation (e.g. hospital records or a

physician’s report) should be attached to the petition in order to advise the court of

the extent and effect of the injuries. If the medical documentation indicates there

are residual effects, the petition should refer to the specific portions of the medical

documentation which contain such opinions.

(c) Medical expenses incurred. If any portion of the medical expenses is to be deducted

from the minor’s share of the settlement, the petition should contain an affirmation

that the parents or guardians will not be reimbursed for such expenses from any

other source.

(d) Amount and terms of the proposed settlement. The petition should clearly identify

whom the attorney bringing the petition represents (i.e., the insurance company or

the parent or guardian of the minor).

(e) Statement regarding the efforts made to secure the best settlement. Where

appropriate, the petition should inform the court whether there is a question of

liability and should briefly address any legal/factual issues which may impede

successful litigation.

(f) An affirmation by petitioner’s counsel that the settlement is the best settlement that

could be obtained. (Note: This could also be in the form of an attached affidavit.)

(g) The attorney fee arrangement. A copy of the written fee agreement must be

attached. In structured settlements, the fee must be based on the present value of

the annuity.

(h) A list of any other expenses which will be deducted from the minor’s share of the

settlement (e.g. costs advanced for medical reports, hospital records, filing fees,

etc.).

(i) The exact portion the minor is to receive.

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(j) The proposed order should provide in detail the proposed distribution of funds.

The proposed distribution shall conform to the distribution procedures used in the

civil division, under the Pennsylvania Rules of Civil Procedure.

(k) A separate petition shall be filed for each minor, and the Clerk of the Orphans' Court

shall assign separate file numbers to each such petition.

CROSS REFERENCES: Under Pa.R.C.P. Nos. 2039 and 2206, the following distribution

procedures are used in the civil division.

1. Pursuant to Pa.R.C.P. No. 2039(b), the court shall order the

proceeds paid to the guardian of the estate of the minor.

2. If there is no court-appointed guardian of the estate and the

amount is not more than $25,000, Pa.R.C.P. No. 2039(b)(1)

provides that the court may (but is not obligated to) release

the proceeds directly to “the guardian of the person or to the

natural guardian or to the person or agency by whom the

minor is maintained or to the minor.”

3. If there is no court-appointed guardian of the estate and the

amount is more than $25,000, Pa.R.C.P. No. 2039(b)(2)

requires that the proceeds be deposited in a federally

insured savings account in the minor’s name with a

stipulation that no withdrawals can be made until the child

reaches the age of eighteen (18) except upon prior order of

court.

4. The order must include a provision that proof of the

sequestered account shall be promptly filed of record.

EXPLANATORY COMMENTS: Despite the discretionary language contained Pa.R.C.P. No.

2039(b)(1), the court generally does not release the

proceeds directly to the minor or guardian. Except in cases

involving extremely small damages or unique circumstances,

the court routinely requires that the funds be deposited in a

federally insured savings account in the minor’s name with a

stipulation that no withdrawals can be made until the child

reaches the age of eighteen (18) except upon prior order of

court.

Adopted February 1, 1996, effective May 1, 1996. Revised December 3, 2003, effective January 19, 2004. Rule

WO602 Cross References rescinded November 4, 2005; new Rule WO602 Cross References adopted November

4, 2005, effective December 25, 2005. Rule WO602 renumbered April 6, 2017, effective May 29, 2017.