A. Court Approval Required. No action to which a minor is a party shall be
compromised, settled, discontinued or dismissed except after approval by the
Court pursuant to a petition presented by the guardian of the minor or the natural
guardian of the minor, such as the circumstances might require.
B. Contents of Petition. In all such cases, the minor's attorney shall file with
the Clerk of Court, as part of the record, a petition containing (1) a statement of
the nature of the evidence relied on to show liability, (2) the elements of damage,
(3) a statement of the services rendered by counsel, (4) the expenses incurred or
to be incurred and (5) the amount of fees requested. The petition shall contain
written statements of minor's attending physicians, setting forth the nature of the
injuries and the extent of recovery. If required by the Judge, such statements of
attending physicians shall be in affidavit form. The petition shall be verified by
the affidavit of the minor's counsel. In claims for property damage, the extent of
the damage shall be described and the statement shall be supported by the
affidavit of the person who appraised the damage or made the repairs.
C. Contents of Court Order. When a compromise or settlement has been so
approved by the Court, or when a judgment has been entered upon a verdict or
by agreement, the Court, upon petition by the guardian or any party to the action,
shall make an order approving or disapproving any agreement entered into by
the guardian for the payment of counsel fees and other expenses out of the fund
created by the compromise, settlement or judgment; or the Court may make such
order as it deems proper fixing counsel fees and other proper expenses. The
November 1, 2016 Local Rules of Court
Western District of Pennsylvania
Court shall then order the balance of the fund to be paid to the guardian of the
estate of the minor qualified to receive the fund except that if the amount payable
to the minor does not exceed the sum of one hundred thousand dollars
($100,000.00), the Court may order the monies deposited in a federally insured
bank or savings and loan in an account to be marked "not to be withdrawn until
majority has been attained or further order of Court." If the amount of anticipated
interest would cause the account to exceed $100,000.00, then the Court may
order the deposit to be made in two or more savings institutions. If the minor has
no guardian of his or her estate and the balance does not exceed ten thousand
dollars ($10,000.00), the Court on its own motion or upon petition of any person
entitled to apply for the appointment of a guardian for the minor may authorize
the amount of the judgment to be paid to the guardian of the person, the natural
guardian, the person by whom the minor is maintained, or the minor.
D. Payment of Funds. When a judgment has been entered in favor of a minor
plaintiff and no petition has been filed under the provision of Subparagraph C of
this rule, the amount of the judgment shall be paid only to a guardian of the
estate of the minor qualified to receive the fund. If the minor has no such
guardian and the judgment does not exceed ten thousand dollars ($10,000.00),
the Court on its own motion or upon petition of any person entitled to apply for
the appointment of a guardian for the minor may authorize the amount of the
judgment to be paid to the guardian of the person, the natural guardian, the
person by whom the minor is maintained, or the minor.
