Rule 5.17 - Compromise Or Settlement Of Wrongful Death Or Survival ActionsSec. 1.Petitions.Whenever a personal representative, who has a right of action to recover damages under the Survival Statutes and who has not brought suit, wishes to compromise or settle such a claim, whether or not any claim has been made for damages under the Wrongful Death Statute, the personal representative shall present his petition to the Orphans' Court Division for approval of the compromise or settlement. The petition shall contain the following averments:
(a) the name, age, state of health, residence and date of death of the decedent and whether the decedent died testate or intestate;(b) the name of the personal representative, the date of the personal representative's appointment, that letters were granted and duly advertised, and the amount of bond, if any;(c) the occupation of the decedent at the time of the decedent's death, the salary and average earnings, the name of the decedent's employer and address if the decedent was not self-employed;(d) the names of all heirs or next of kin (noting those dependent upon the decedent) and whether they are sui juris, together with the names of their guardians, if any;(e) the names and addresses of all creditors who have or had claims against the estate, whether or not they have been paid, and, if paid, by whom;(f) a brief recital of the facts constituting the cause of action;(g) a statement of reason for the proposed compromise or settlement, the amount thereof, including the amount of counsel fees and legal expenses, and the proposed apportionment between the survival action and the wrongful death action, if any; and(h) a reference to an attached exhibit which shall contain a statement of counsel's professional opinion regarding the desirability of the settlement and reasons therefor, including a discussion with specific references to the factual circumstances as to both the liability and damages aspects of the case; a description of the services rendered; a description and the amount of reimbursable expenses requested, and the amount of fees requested, which for a minor or incapacitated person, except in extraordinary circumstances, shall not exceed 33-1/3% of the present value of a structured settlement or 33-1/3% of the gross recovery of any other settlement; and(i) that notice of the presentation of the petition has been given to all interested parties who do not join. The prayer of the petition shall be for approval of the compromise or settlement.
Sec. 2.Exhibits.The following exhibits shall be attached to the petition:
(a) a copy of the will, if any;(b) an affidavit of service of notice;(c) the joinder of all parties who consent; and(d) the exhibit described in 1(h) of this Rule.Sec. 3.Hearing.When the averments of the petition require it, the court upon its own motion or upon the request of any interested parties, will set a date for hearing.
Sec. 4.Distribution.Distribution of the amount received in compromise or settlement of a wrongful death action shall be made in accordance with 42 Pa. C.S. § 8301. Distribution of the amount received in compromise or settlement of a survival action shall be made in accordance with the will of the decedent or pursuant to the intestacy statute.
Sec. 5.Settlement of Action Filed.For approval of incapacitated person's claim where any action has been instituted, see Allegheny County Civil and Family Division Rule 2206.