Sch. Cnty. Pa. 5.6D

As amended through February 1, 2024

Rule 5.6D - PETITION FOR SETTLEMENT OF AN ACTION INVOLVING A MINOR

(a) Except as provided in the next subsection, no settlement of an action of a minor for personal injuries will be authorized or approved without the appearance of the minor in court, medical evidence as to the extent of the minor's injuries, and whether such injuries have fully resolved, and such further information as the Court shall deem necessary.

(b) The Court may approve the petition without requiring the appearance of the minor, his guardian, or his doctor, provided the Court concludes that the information contained in the petition is sufficient to satisfy that the proposed settlement adequately compensates the minor and his guardian for the injuries sustained and expenses incurred and so long as the petition contains all information set forth in Sch.R.C.P. 2039.

(c) The form of proposed order shall be as follows:

COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION

In Re: | No.		|	No.
		|
	a Minor	|
		|	Minor's Compromise

ORDER OF COURT

AND NOW, this _____ day of ________, 20___, at _______.m., upon consideration of the Petition for Approval of Minor's Settlement, it is hereby ORDERED and DIRECTED that the Compromise Settlement in the sum of ____________ Dollars ($_________) is APPROVED, and that the Settlement be distributed as follows:

1. The sum of _________ Dollars ($_________) shall be paid to __________________ for his legal representation of the petitioners.

2. The sum of _________ Dollars ($_________) shall be paid to __________________ for costs expended.

3. The sum of ________ Dollars ($_________) shall be distributed to the benefit of ____________, a minor, to be placed in one or more federally insured savings accounts or federally insured savings certificates in the name of the minor so that the amount deposited in any one such savings institution shall not exceed the amount to which accounts are insured, and to be marked "NOT TO BE WITHDRAWN UNTIL THE MINOR REACHES THE AGE OF EIGHTEEN (18), EXCEPT FOR THE PAYMENT OF LOCAL, STATE AND FEDERAL INCOME TAXES ON INTEREST EARNED BY THE SAVINGS ACCOUNT OR CERTIFICATE, IF ANY, OR UNTIL FURTHER ORDER OF THIS COURT".

Counsel for petitioners is ORDERED to cause the restricted account to be created and to file an affidavit of deposit of minor's funds within thirty (30) days with the Clerk.

If no withdrawals are made from the account prior to the minor reaching his/her majority, the institution may pay over the funds when the minor attains age eighteen (18) years, upon the joint requests of the natural parent(s) and the former minor without further Order of this Court.

BY THE COURT,

________________

(d) The affidavit of deposit of minor's funds shall be filed within 30 days of the creation of the restricted account and shall be in the following form:

COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION

In Re: | No.		|	No.
		|
	a Minor	|
		|	Minor's Compromise

AFFIDAVIT OF DEPOSIT OF MINOR'S FUNDS

The undersigned, counsel for ________________, parents and natural guardians of _____________, a minor, hereby certifies that the net settlement amount of $_______ as set forth in this Court's order dated __________ was deposited by ________ into a restricted, federally insured account, marked "NOT TO BE WITHDRAWN UNTIL THE MINOR REACHES THE AGE OF EIGHTEEN (18), EXCEPT FOR THE PAYMENT OF LOCAL, STATE AND FEDERAL INCOME TAXES ON INTEREST EARNED BY THE SAVINGS ACCOUNT OR CERTIFICATE, IF ANY, OR UNTIL FURTHER ORDER OF THIS COURT" on ___________. Account No. ______ is entitled: _____________, a minor. Proof of deposit is attached hereto as Exhibit A.

_______________________________________________

Counsel for Parents and Natural Guardians of _______________, a minor

Sch. Cnty. Pa. 5.6D

Amended effective 3/1/2021; amended effective 1/1/2024.