Rule 2039.1 - Compromise, Settlement, Discontinuance And Distribution(a) No action to which a minor is a party shall be compromised, settled, or discontinued except with court approval pursuant to a petition presented by the guardian of the minor and a hearing before the court.(b) If an action has been commenced the petition shall be filed with Prothonotary and a copy provided to the District Court Administrator for assignment to a judge.(c) If no action has been commenced the petition shall be filed with the Clerk of the Orphans Court, which shall present it to the judge handling Orphans Court matters.(d) The petition shall contain the following: (2) The names and addresses of the minor's parents. If they are unknown the petition shall so state;(3) Written approval of the minor if the minor is over the age of 16 years;(4) Whether a guardian has been appointed for the minor by the Orphans Court of this or any other jurisdiction;(5) The defendant's residence or place of business;(6) A summary of the facts of the case;(7) A statement under oath by the parents and/or guardians certifying the physical condition of the minor and a statement of the reasons why the parents and/or guardians approve of the settlement;(8) A report from a physician, or other documentation, setting forth the physical and/or mental condition of the minor and a prognosis;(9) A specific list of costs sought to be reimbursed from the gross settlement;(10) A statement as to the reasonableness of counsel fees. Counsel fees must be based upon the settlement amount. Under normal circumstances, 25% of the settlement amount will be presumed to be reasonable. The presumption is rebuttable at the hearing. Counsel fees shall be reduced by fees received, if any, as a result of counsel's "representing" the defendants in any subrogation claims;(11) Whether any additional counsel fees were paid or will be paid as a result of representation of the defendants and subrogation claims;(12) Sufficient reasons and legal authority for any request that funds be allocated to the parents of a deceased plaintiff, if applicable;(13) Sufficient reasons for any request of allocation of the settlement proceeds among the children of the deceased plaintiff, if applicable;(14) A statement of any actual or potential Department of Public Welfare liens and how such liens have been resolved; and(15) Any special request for early distribution, alternative deposit of funds, or other deviation from the order as set forth in York R.C.P. 2039.2(b) shall be stated in the petition with supporting justification for the special request. Counsel shall be prepared to address the necessity for the special request at the time of the hearing.(e) At the time of the hearing, counsel for petitioner shall present a proposed order substantially in the form set forth in York R.C.P. 2039.2(b).(f) Within 14 days of receipt of settlement proceeds, counsel for petitioner shall cause the funds belonging to the minor to be deposited as directed by the court's final order approving the compromise and settlement and directing distribution.(g) Within 14 days of depositing the funds belonging to the minor, counsel for petitioner shall file proof of deposit by way of an affidavit substantially in the form set forth in York R.C.P. 2039.2 (c).Amended effective through 8/1/2023.